1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.3084 OF 2010 Suparna Chemical Limited ...Petitioner vs. Balkrishna D. Deshpande ...Respondent Mr.V.N.Tayade for the petitioner None for the respondent CORAM :A.S.OKA,J. DATE : APRIL 20, 2010 P.C.: 1 By this Writ Petition under Article 227 of the Constitution of India, the petitioner who is the defendant in a summary suit filed under Order XXXVII Rule 2 of the Code of Civil Procedure,1908 has challenged the discretionary order passed by the trial Court by which the trial Court declined to try the issue of jurisdiction and issue of maintainability as preliminary issues. 2 The learned counsel for the petitioner submitted that unconditional leave to defend the suit has been granted to the petitioner and aforesaid two issues have been raised in the written statement and the same have been already framed. He submitted that the agreement between the parties has effect of ousting the territorial jurisdiction of the trial Court. He placed reliance on the decision of the Apex Court in case of Angile Insulations Vs. Davy Ashmore India Limited (1995 SCC 4 153). He submitted that both the issues go to the root of the matter and therefore, same need to be tried as preliminary issues. 2 3 I have considered the submissions. Summary suit is of the year 2006. Under sub rule 2 of Rule 2 of Order XIV of the said Code, it is the discretion of the Court to try certain issues as preliminary issues. In a summary suit of the year 2006, the learned trial Judge has declined to exercise his discretion under sub rule 2 of rule 2 of Order XIV of the said Code. The effect of the impugned order is that all issues will be decided together. Considering the fact that the summary suit is of the year 2006, exercise of discretion by the Court below cannot be faulted with in writ jurisdiction under Article 227 of Constitution of India. Writ Petition is accordingly rejected. JUDGE