NITAI PADA DAS Vs. DEEPIKA RANI BHATTACHARJEE

JUDGEMENT

(1.) THIS Rule was issued by us on 29. 5. 69 and is directed against an order dated 4. 2. 69 passed by 2nd Court of subordinate Judge at Alipore in Title suit No. 21 of 1967. By that order the learned Subordinate Judge has held that the said Court has territorial jurisdiction to entertain the suit, by answering Issue No. 3 raised in the suit which was heard as preliminary issue.

(2.) THE question raised is whether the suit is governed by clause (d) of section 16 C. P. Code or by Section 20 C. P. Code.

(3.) THE suit is one for declaration that a Deed or Trust alleged to have been executed at 75, Hindusthan Park, calcutta, which is within territorial jurisdiction of the Court of Subordinate Judge of 24-Parganas is void and was obtained by fraud and as such is not; binding on the plaintiff and for cancellation of that Deed of Trust which was registered at 75, Hindusthan Park, Calcutta, by Sub-Registrar of 24-Parganas acting under Section 7 of the Registration Act on behalf of registrar of Assurance, Calcutta.