RATAN KUMARI THOLIA Vs. SUNDER LAL THOLIA

JUDGEMENT

(1.) This is a suit for partition of properties belonging to a Mitakshara Coparcenary. The plaintiffs husband was a member of this coparcenary. The husband died in 1944. By an order passed by G. K. Mitter, J. the two following issues were set down for trial as preliminary issues.

(2.) Mr. Choudhury appearing for the plaintiff suggested that the hearing of the second issue be deterred and the first issue be decided first. Mr. Deb appearing for the defendants suggested that over and above the two above issues, let a third issue be framed and tried as to whether the court has jurisdiction to try this suit. Ultimately it was agreed by the parties that the issue No. 1 be tried first and the second issue as also the issue as to jurisdiction should be tried after the determination of issue No. 1.

(3.) Mr. Deb submitted that parties will only be at issue if the parties are domiciled in Jaipur which till 1947 was a foreign state. If not the position would be different and the issue No. 1 would not arise for decision in this suit. He, therefore, called upon the plaintiff to admit the fact that the parties had Jaipur domicile and that this admission may be recorded. Mr. Choudhury submitted that he should not be called upon to make the admission at this stage and suggested that this issue be tried on the footing that the parties had Jaipur domicile. Mr. Deb accepted this suggestion. I am, therefore, now deciding issue No. 1 only and I am deciding this issue on the footing that parties had Jaipur domicile. If the parties do not agree later that they were and are of Jaipur domicile, that issue will have to be decided later.