1 AO 5 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO. 05 OF 2011 Sunil s/o Jaysing Tambe Appellant V E R S U S The State of Maharashtra & ors Respondent Mr. S.V. Suryawanshi, Adv h/f Mr. A.P. Avad, Advocate for the appellant Mr. S.K. Shinde, Advocate for the respondent CORAM : A.V. NIRGUDE, J. DATED : 18th January, 2011 PER COURT : 1. The original defendant files this appeal against the order passed by the learned Civil Judge, Senior Division, Ahmednagar holding that the Court had jurisdiction to try the suit filed by the respondent / plaintiff. The Case of respondent / plaintiff was as under : 2. He was resident of Shevgaon, the place within the territorial jurisdiction of the trial Court. He said that the appellant / defendant visited his village and caused his wrongful arrest. He said that such arrest gave him cause of action for filing the suit. As against this, the appellant contended that he had not arrested the respondent / plaintiff at village Shevgaon, but the arrest was caused at village Shikrapur, 2 AO 5 of 2011 which is in Pune District, and so, the trial Court has no jurisdiction to try the suit. The learned Judge of the trial Court apparently believed the averments in the plaint for deciding the issue of jurisdiction and I think there is no error in doing so. For deciding the issue of jurisdiction the averments made in the plaint must be taken to be truthful. If the appellant / defendant wants to contest the averments on facts, he should file a written statement and thereafter the trial Court would decide the disputed questions of facts. The appellant cannot at this stage dispute the factual aspect of the plaintiff's case for the purpose of deciding the issue of jurisdiction. He has to wait till the case is decided on facts. The appeal stands dismissed. In view of dismissal of Appeal From Order, Civil Application No. 522 of 2011 stands disposed of. ( A.V. NIRGUDE, J. ) SRM/ao/5/11/18/1/11