DEBENDRA NATH BHATTACHARJEE Vs. AMARENDRA NATH BHATTACHARJEE

JUDGEMENT

(1.) The petitioner is one of the defendants in a suit for partition which was instituted on 1-6-1951 by the first opposite-party in the Court of the Fourth Additional Subordinate Judge, 24-Parganas, at Alipore. Besides a plot of land with building thereupon and some paddy lands in Barisha within the territorial jurisdiction of the Subordinate Judge's Court, the schedule of the properties of which partition was sought included land and building in the town of Chandernagore which was not, on 1-6-1951, comprised within the territory of India. The defendant pleaded 'inter alia' that the Court had no jurisdiction to try the suit as some of the properties were in Chandernagore.

(2.) An issue was framed on this question and taken up for decision first. The learned Subordinate Judge held that as the Code of Civil Procedure became applicable to Chandernagore from 2-5-1951, his Court had jurisdiction to try the suit.

(3.) It is contended before us that this decision was wrong, inasmuch as on the date the suit was filed Chandernagore was foreign territory.