RAJLAKSHMI DASSI Vs. BANAMALI SEN

JUDGEMENT

(1.) Banamali San and Manamatha Nath Sen, sons of late Bholanath Sen, instituted in the second Court of the Munsif of Sealdah a suit for the declaration of a document of surrender by Rajlakshmi Dasi in favour of her sons as collusive and fraudulent. It is not disputed before me that the deed was executed at a place which is outside the jurisdiction of the Court of the Munsif of Sealdah and within the jurisdiction of the original side of the Calcutta High Court. This was, however, registered at the Sealdah Sub-Registrar's office which is within the jurisdiction of the Court of the Munsiff, Sealdah. It is stated that by this deed the mother surrendered her rights to a large sum of money awarded as compensation on the acquisition of land which was lying in deposit with the President of the Calcutta Improvement Trust Tribunal. It further appears that certain other immovable properties within the jurisdiction of the Sealdah Mansif's Court were also surrendered by this document. The question whether the Court had jurisdiction to try the suit came for consideration of the Court in connection with an application for temporary injunction. The learned Munsif was of opinion that he had no jurisdiction to try the suit as the document had been executed and fraud, if any, practised, outside the limits of his territorial jurisdiction. Accordingly he ordered the plaint to be returned to the learned advocate for presentation before the proper Court.

(2.) The learned Additional District Judge who heard the appeal from this decision of the learned Munsif did not come to any conclusion himself on the question whether the Munsif had jurisdiction to entertain the suit or not, but being of opinion that the Munsif had not given proper opportunity to the parties and their lawyers to lead evidence and place law before him he set aside the order of the learned Munsif and directed that the learned Munsif would accept the plaint from the plaintiffs and have the suit restored to file and that after that he would proceed with the suit in accordance with law. He directed further that if the parties desired to have the issue of jurisdiction to be heard and decided first, they should be given that opportunity; that the parties would be given opportunities to come ready with evidence and law on the point and that after hearing evidence on the point of jurisdiction and after hearing the learned lawyers of both the parties, the learned Munsif should decide this issue regarding jurisdiction.

(3.) It is for the revision of this order of the learned Additional District Judge that the present application has been filed.