In Brief
In this civil appeal, the Supreme Court considered whether a High Court can revoke leave to file a suit on grounds of lack of territorial jurisdiction through an application under Clause 12 of the Letters Patent Act, 1865. The Court held that territorial jurisdiction is a mixed question of law and fact that cannot be addressed via revocation application; instead, defendants must raise such pleas in their written statement under Order 14 of the CPC. The Court set aside the High Court orders revoking the leave and remanded the case for fresh consideration, allowing the defendants to file their written statement and raise jurisdictional pleas on the merits.
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