A.No.5296 of 2010 in C.S.No.674 of 2010 A.No.5296 of 2010 in C.S.No.674 of 2010 Dr.G.Jayachandran,J. This application is filed to reject the plaint filed in C.S.No.674 of 2010. 2.This application is filed after 9 years of instituting the suit. The ground raised in this application is that the alleged cause of action to sustain the suit at the Original Side of Madras High Court is factually incorrect. Hence, he seeks to reject the plaint for want of jurisdiction. 3.The plaintiffs residing at Coimbatore District are filed the suit for passing off. It is alleged in the plaint that the defendant is having its office at No.101, Santhome High Road, R.A.Puram, Chennai, which falls within the territorial jurisdiction of this Court and also there is averment that the products of the defendant are infringing the trade mark of the plaintiffs sold in Tamil Nadu. These facts are denied in this application and for that reason, the applicant/defendant seeks rejection of plaint. 1/2 http://www.judis.nic.in A.No.5296 of 2010 in C.S.No.674 of 2010 Dr.G.Jayachandran,J. ari 4.The reasons stated in this application are mixed question of fact and law, which cannot be summarily decided. Hence, this application No.5296 of 2010 is dismissed leaving open the issue regarding the jurisdiction to be decided in the course of the trial. 09.12.2019 A.No.5296 of 2010 in C.S.No.674 of 2010 09.12.2019 2/2 http://www.judis.nic.in