Supreme Court: In a case where the single bench of JK Maheshwari, J was posed with the question as to whether the plea of territorial jurisdiction or the lack thereof can be entertained by the Supreme Court in its jurisdiction under Section 25 of CPC, it was observed that there is limited scope vested in this Court while exercising its jurisdiction under Section 25 of CPC and the same cannot be extended to determine the question of territorial jurisdiction of the proceedings before it as the plea of jurisdiction or the lack of it can be prompted before the Court in which the proceedings are pending.
The Court came to the conclusion that the issue was no longer res integra, as the Supreme Court, in Naivedya Associates v. Kirti Nutrients Limited (Transfer Petition (C) 953/2021), had held that the point is required to be urged before the Court in which the suit is pending.
[Neilan International Co. Ltd v. Powerica Limited, 2022 SCC OnLine SC 795, decided on 06.07.2022]
