IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 25.2.2008. S.B. CIVIL MISC. APPEAL NO.207/2008 M/s.Nagpal Food Products. VERSUS M/s.Raj Soda Water. HON'BLE MR. JUSTICE DALIP SINGH Shri D.D. Khandelwal, for the appellant. Shri D.K. Garg, for the respondent. Heard learned counsel for the parties. Learned counsel for the respondent has submitted at the very outset that the learned counsel had made assertion regarding decision of the application under Order 7 Rule 11 C.P.C. by the learned trial court under mistaken belief. It is submitted that the said application is pending before the learned trial court. Learned counsel for the appellant submits that the objection which was pointed out by the office regarding maintainability of the suit within the jurisdiction of court at Jaipur has also not been determined by the learned trial court. In view of the above, since the aforesaid objection relates to determination of the prima facie case which is necessary for the grant of temporary injunction, it is directed that the learned trial court shall decide the aforesaid application and question of jurisdiction as pointed out by the office expeditiously and in case the same is decided in favour of the plaintiff, the learned trial court shall proceed to hear the application under Order 39 Rule 1 and 2 C.P.C. afresh on merits. In the meanwhile till the aforesaid matter is decided the order of temporary injunction as contained in the order dated 11.01.2008 shall continue to remain in force till the disposal of the objection and/or the decision on the application under Order 39 Rule 1 and 2 C.P.C. filed by the plaintiff. Consequently, this misc. appeal as well as the stay application stand disposed of as aforesaid as argued. (DALIP SINGH),J. Ramchandrkhatri,PS