Judgment · High Court

CRP(MD). No.3756 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12.12.2025CORAMTHE HONOURABLE MR. JUSTICE N.SENTHILKUMARCRP(MD). No.3756 of 2025andCMP(MD) No.19760 of 2025M/s.Brilliance CollegeRepresented by its ProprietorRajeev Chellikkatil Regahavan @ Rajeev ... PetitionerVs1.M/s.Maruthi PublicationsRepresented by its Proprietor M.PalaniappanHaving its Business at 908-13Selvam NagarSirukulam RoadSivakasi -626 123. 2.M.Palaniappan3.M/s.Maruthi Books Register No.350/20Represented by its Partner Ganesan ... RespondentsPRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records relating to the order passed by the learned Subordinate Judge, Sivakasi, in I.A.No.06 of 2025 in C.O.S.No.07 of 2022 dated 06-10-2025 and set aside the same. 1/4 https://www.mhc.tn.gov.in/judis CRP(MD). No.3756 of 2025 For Petitioner : Mr.Rajaraman For R3 Mr.V.Meenakshi Sundaram for Mr.K.Muthumalai ORDERThis Civil Revision Petition has been filed, challenging the order passed by the learned Subordinate Judge, Sivakasi in I.A.No.06 of 2025 in C.O.S.No.07 of 2022 dated 06.10.2025, by which, the application filed by the petitioner under Section 6 of Commercial Courts acts, questioning the maintainability of the suit in C.O.S.No.07 of 2022 on the ground of lack of territorial jurisdiction, had been dismissed on the ground that the suit is maintainable before the trial Court having part cause of action as per Section 20 CPC.2.Heard the learned counsel for the petitioner and the learned counsel for the third respondent. As no adverse order is going to be passed, notice to the respondents 1 and 2 is dispensed with. 3.Considering the fact that as the cause of action is a mixture question of fact, the same maybe agitated before the trial court, this Civil Revision Petition stands disposed of with a direction to the trial court to 2/4 https://www.mhc.tn.gov.in/judis CRP(MD). No.3756 of 2025consider the part cause of action/cause of action at the time of taking a final decision in C.O.S.No.7 of 2022, which was filed by the respondents herein, seeking a decree for a sum of Rs.14,59,191/- along with consequential relief. No costs. Consequently, connected Miscellaneous Petition is closed. Speaking : Yes / No12.12.2025NCC: Yes / NoInternet: Yes / NoIndex: Yes / NommToThe Subordinate Judge, Sivakasi. 3/4 https://www.mhc.tn.gov.in/judis CRP(MD). No.3756 of 2025N.SENTHILKUMAR, J.mm CRP(MD). No.3756 of 202512.12.20254/4