1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7321 OF 2009 Mycon Pharma Petitioner versus State of Chattisgarh and others Respondents Mr.A.M.Damle for petitioner. Smt.Geeta P. Mulekar, AGP for respondents 1 to 3. M.S.Karnik for respondent no.4. CORAM : A.S.OKA, J. DATE : 23rd April 2010 PC : 1. Heard learned counsel appearing for the petitioner, learned counsel for first to third respondents and learned counsel for fourth respondent. Preliminary issue under section 9A of the Code of Civil Procedure, 1908 was framed and decided by the Trial Court in a suit filed by the petitioner. The preliminary issue was answered against the petitioner by holding that the suit is barred in view of provisions of Bombay Revenue Jurisdiction Act, 1876 (hereinafter referred to as "the said Act"). However, the Trial Court purported to pass an order of return of plaint. The petitioner filed an application for review which has been rejected by the impugned order. 2. If finding of the Trial Court on issue of jurisdiction is correct, then it is obvious that there could not have been an order returning the plaint. 2 Faced with this difficulty, learned counsel for first to third respondents states that the order on preliminary issue be set aside and the Trial Court be directed to hear and decide the preliminary issue afresh. She states that the said respondents be permitted to urge the bar created by a local law of State of Chattisgarh. The learned counsel for the petitioner and fourth respondent have no objection for adopting the said course. 3. Hence, I pass following order :- A) The impugned order as well as order dated 13th August 2009 on the preliminary issue are quashed and set aside and the review petition is disposed of; B) The Trial Court will decide the preliminary issue of jurisdiction afresh after giving an opportunity to the parties of being heard. It will be open for the first to third respondents to raise the issue of bar of jurisdiction on the basis of local enactment of State of Chattisgarh by making appropriate application before the Trial Court. While deciding the issue of jurisdiction afresh, the Trial Court will deal with the said contention raised by the first to third respondents; C) The writ petition is disposed of in above terms. All contentions of the parties on merits of the suits are expressly kept open. (A.S.OKA, J.)