Code of Civil Procedure, 1908–Sec. 20 & Order 39, Rules 1 & 2–Petitioner raised the objection of jurisdiction at the stage of arguing the application under Order 39, Rules 1 & 2–Trial Court dealt with the objection separately in the order-sheet of main suit and kept open for the petitioner to raise such objection in written statement–Whether the course adopted by trial Court is proper ?–Held, no–Once the objection was dealt with by the trial Court in the suit itself then it should not have stopped at only deciding the prima facie case and should have decided the objection whole hog–Impugned order quashed and set aside.
