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Issues:
1. Territorial jurisdiction of the Cochin Court under s. 20 of the Code of Civil Procedure, 1908. 2. Waiver of objection to territorial jurisdiction by the defendants. 3. Interpretation of sections 2(c), 34, and 39 of the Indian Arbitration Act, 1940. 4. Preclusion from raising objection under S. 21 of the Code in case of failure of justice. Analysis: 1. Territorial Jurisdiction of the Cochin Court: The plaintiff filed a suit for recovery of gratuity and arrears of salary against the Company and its recruiting agent in the Cochin Court. The defendants argued that the Cochin Court had no territorial jurisdiction as they did not reside, carry on business, or have any part of the cause of action within its jurisdiction. The Cochin Court held that it lacked territorial jurisdiction under s. 20 of the Code of Civil Procedure, 1908. The High Court of Kerala, however, reversed this decision, stating that the defendants had waived the objection to territorial jurisdiction. 2. Waiver of Objection: The defendants contended that they did not waive the objection to territorial jurisdiction. The plaintiff argued that the defendants, by their conduct, had waived the objection. The High Court held that the defendants had waived the objection based on their actions. However, the Supreme Court disagreed, stating that the defendants had consistently protested against the jurisdiction of the Cochin Court from the beginning, including applying for a stay of the suit and objecting to the trial on merits. The Court found no conduct by the defendants amounting to a waiver. 3. Interpretation of Indian Arbitration Act: The High Court interpreted sections 2(c), 34, and 39 of the Indian Arbitration Act, 1940, to conclude that by filing an appeal under s. 39 against the order refusing to stay the suit, the defendants conceded that the Cochin Court had jurisdiction to try the suit. The Supreme Court disagreed with this interpretation, stating that an application for stay must be made to the Court where the suit is pending, but this does not imply recognition of the Court's jurisdiction to try the suit. The Court held that the defendants did not waive their objection to the Cochin Court's territorial jurisdiction. 4. Preclusion from Raising Objection: The plaintiff contended that the defendants were precluded from raising the objection of territorial jurisdiction in the Supreme Court as they had not alleged or proved a failure of justice due to the High Court's order. The Supreme Court rejected this argument, stating that the suit had not been tried on the merits yet, and the objection could still be raised. The Court emphasized that objections to jurisdiction should not be considered on technical grounds unless there is a prejudice on the merits. In conclusion, the Supreme Court allowed the appeal, setting aside the High Court's judgment and restoring the orders of the trial Court and the District Court, emphasizing that the defendants did not waive their objection to the Cochin Court's territorial jurisdiction.
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