1977 INSC 0232
                                     Talati Kantilal Bhumabai and Another

                                                           Vs

                                                       Lalitaben

                                          Civil Appeal No. 292 of 1974

                                     (Y. V. Chandrachud, P. S. Kailasam JJ)

                                                      26.07.1977

                                                     JUDGMENT

CHANDRACHUD, J. ­

1. This is an appeal from a judgment of the Gujarat High Court dated March 5, 1973 on a
preliminary point, holding that the Civil Judge (Senior Division), Godhra has jurisdiction to
entertain and decide the suit filed by the respondent. Setting aside the finding of the learned Civil
Judge that he had no jurisdiction to entertain the suit and therefore the plaint must be returned for
presentation to the property Court, the High Court has remanded the suit to the trial Court with a
direction to determine the "other issues" raised in the suit in the light of the evidence on record and
in accordance with law.

2. In view of the fact that the entire evidence in the case has been recorded by the trial Court and
considering that nine years have already passed over the decision of a preliminary point, we are of
the opinion that it is undesirable to dispose of this matter piecemeal. The interests of justice require
temporarily that the trial Court should proceed to dispose of the suit on the issues which it has not
yet decided.

3. We, therefore, confirm the Order of remand passed by the High Court and dismiss the appeal with
costs.

4. We must, however, clarify that the dismissal of this appeal will not preclude the appellants from
raising the question of jurisdiction or any other question which has been concluded by the judgment
of the High Court, in any appeal which the appellants may file in this Court hereafter. If the suit is
dismissed, there will be no occasion for the appellants to challenge the finding on the question
whether the amount had been kept by the respondent with the appellants by way of deposit or was in
the nature of a loan or on the question of jurisdiction. On the other hand, if the suit is decreed,
appellants have a statutory right to challenge the decree of the trial Court by filing an appeal in the
High Court. But since the High Court has already decided the preliminary question of jurisdiction,
the appellants cannot be allowed to reopen that question in the appeal before the High Court. The
question of jurisdiction must be treated as finally concluded so far a the trial Court and the High
Court are concerned. If, however the appellants fail in the High Court, it would be open to them, by
filing an appeal in this Court, to challenge the decree of the High Court on all points decided against
them including the points decided by the High Court by its judgment dated March 5, 1973. In other
words, so far as this Court is concerned, the question of jurisdiction must be treated as open, despite
the dismissal of this appeal.
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