IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 4072 of 2009(I) OS.128/2004 of I ADDL.SUB COURT, THRISSUR PETITIONER: 1ST DEFENDANT: M/S AUROBINDO ENTERPRISES, REP. BY PARTNER, P.S. KRISHNAN, AGED 62 YEARS, S/O. P.S. SRINIVASAN, RAGHUVARAM BUILDINGS, 55/3451, NEAR SARADA MADOM, RAVIPURAM, KOCHI-16. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.R.O.MUHAMED SHEMEEM SRI.T.P.SAJID SMT.NAMITHA JYOTHISH RESPONDENTS PLAINTIFFS: 1. M/S TRADELINE AGENCIES, THRISSUR-1, REPRESENTED BY ITS MANAGING PARTNER, N.S. SETHUMADHAVAN,DR. A.R. MENON ROAD, TRICHUR -1. 2. M/S HEMAS MANUFACTURING (PVT) LTD., REGHUVARAM BUILDINGS,55/3451, NEAR SARADA MADOM, RAVIPURAM, KOCHI 682 016, REPRESENTED BY ITS REGIONAL MANAGER, MR.S.SRIDHAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 4072 OF 2009 I ------------------------------------------------------ Dated this the 9th February, 2009 JUDGMENT The petitioner, who is the first defendant in O.S.No.128 of 2004, on the file of the Court of the Subordinate Judge of Thrissur, challenges the order dated 6.10.2008 passed by the court below, by which it was held that the Court has territorial jurisdiction to try the suit. The petitioner contended that the court below has no territorial jurisdiction to try the suit as the exclusive jurisdiction to try the suit is for the Court at Ernakulam. The court below repelled the contention put forward by the petitioner and held that the Ernakulam Court as well as the Thrissur Court have concurrent jurisdiction. In view of the decision in West India Soap & Industrial Co. v. Prabhu Agencies (2007 (4) KLT 206), I am of the view that a Revision lies against the order impugned. If a Revision lies, it is not proper to entertain a Writ Petition under Article 227 of the Constitution of India. Therefore, the Writ Petition is closed with liberty to the petitioner to challenge the order dated 6.10.2008 W.P.(C) NO. 4072 OF 2009 I :: 2 :: passed by the court below in a Revision under Section 115 of the Code of Civil Procedure. In computing the period of limitation for filing the Revision, the period of the pendency of this Writ Petition, namely, the period from 2.2.2009 to 9.2.2009 shall be excluded. (K.T.SANKARAN) Judge ahz/