1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CIVIL REVISION APPLICATION NO.1133/1997 TATA ENGINEERING AND LOCOMOTIVE COMPANY LIMITED ...Versus... Amar Sonumal Kataria and another -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri A.A. Naik, Adv. for applicant] [Shri A.M. Ghare, Adv. for respondent] CORAM:- A.B. CHAUDHARI, J. DATED :- 10.06.2008 Learned Counsel for the applicant as well as learned Counsel for the respondent jointly stated before me that the original suit, namely, Regular Civil Suit No.290/1997 has itself been decided. Advocate Shri Ghare submits that as the decree having been passed in the said suit against his client, first appeal has been preferred in this Court vide F.A. No.205/2002. Advocate Shri Naik for the applicant submits that in this revision, order rejecting application under Section 9 A of the Code of Civil Procedure questioning the jurisdiction of the Court is under challenge and, therefore, this civil revision application would survive. 2 In my opinion, since the main lis itself has been decided and is now pending in the form of first appeal before this Court and since the appeal is continuation of the suit, the issue arising in the present civil revision application regarding jurisdiction can always be raised in the first appeal by the parties to the said first appeal. Therefore, the applicant herein, in my opinion, is entitled to raise the issue regarding jurisdiction, which is a subject matter of the present civil revision application in the said first appeal, and granting that liberty, I propose to dispose of this civil revision application. Hence, the following order would subserve the ends of justice. Civil Revision Application is disposed of in view of the decision of the suit and the pendency of first appeal in this Court with further liberty to the parties to this revision to raise issue regarding jurisdiction arising in the present civil revision application in the said first appeal. With this observation, civil revision application is disposed of. No order as to costs. JUDGE ssw