THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P. No.4270 of 2010 Date of Order: 15-07-2011 Between: N.Jhansi Lakshmi Bai ..Petitioner and Thota Bhiksham ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.4270 of 2010 Oral order: Petitioner/defendant, who was unsuccessful in his attempt to try issue No.3 as preliminary issue by filing I.A.No.862 of 2006 in O.S.No.12 of 2005, filed the present revision under Article 227 of the Constitution to revise the order dated 02-08-2010 passed by the I Additional District Judge, Krishna at Machilipatnam in dismissing the IA. Plaintiff filed the above suit for recovery of the amount based on pronote, in which the petitioner herein (defendant) filed present I.A. stating that the suit for promissory note does not reveal the place of execution, whereas in the plaint the plaintiff intentionally mentioned that the transaction took place at Machilipatnam only to cover up the lacuna, and objection of the petitioner was clearly raised in the written statement. In view of above lacuna, issue No.3, whether the court has got jurisdiction to try the suit, has to be heard as preliminary issue. The lower court by a reasoned order dismissed the I.A. holding that the promissory note does not recite the place of execution of document but recital shows promisee undertook to pay the amount wherever the plaintiff resides, which confers jurisdiction. Since it is a mixed question of law and fact it has to be decided after adducing evidence, but cannot be decided as a preliminary issue. No infirmity is discernable to the order passed by the lower court warranting interference. The Civil Revision Petition is accordingly dismissed. No costs. _________________ A.GOPAL REDDY, J. 15-07-2011 Murthy