PREM KUMAR Vs. DHARAM PAL

JUDGEMENT

(1.) This revision petition has been filed under section 115 of the Code of Civil Procedure by the defendants against an order of the Subordinate Judge 1st Class, Delhi, dated 1.7th December, 1970 by which he had decided three preliminary issues.

(2.) The brief facts leading to the revision are that the plaintiffs, who are the sons of defendant No. 1, instituted a suit for a declaration (with consequential relief) that the properties in dispute constituted joint Hindu family properties and for delivery of possession of the properties which had been alienated and for an injunction restraining the defendants from alienating the remaining roperties. The properties in dispute are mostly situated in District Hissar, State of Haryana, but one property mentioned at serial No. (v) is said to be a coparcenary house situated in Kuanwali, Delhi which is said to be in possession of Prem Kumar, defendant No. 9, who is alleged to be one of the sons of defendant No. 1 by a lady defendant No. 8, about whose validity of marriage with defendant No. 1, the parties are at variance.

(3.) The suit had been contested on a number of grounds and the learned Subordinate Judge framed three preliminary issues, namely :- 1. "Whether the suit is properly valued for purpose of.court-fee and jurisdiction ? 2. Whether the civil Courts at Delhi have no jurisdiction to try the present suit ? 3. "Whether the suit is bad for misjoinder of parties and causes of action? If so, its effect ?"