TILAK RAJ Vs. PRITHI PAL SINGH

JUDGEMENT

(1.) THIS is revision under Sec. 115 of the Civil P. C. against an order passed by the City Judge at Jammu.

(2.) THE respondent instituted a suit in the lower Court against the petitioner for rendition of accounts in respect of a partnership between them. The plaint alleged that there was a partnership between the defendant and one Gulab Singh under which the defendant was to get seven annas in the rupee and Gulab Singh the rest. While this partnership was subsisting the defendant is alleged to have entered into the suit partnership with the plaintiff in respect of his seven annas share.

(3.) THE defendant, resisted the suit inter alia On the ground that the City Court, Jammu had no jurisdiction to entertain the suit. He also alleged that the plaint did not disclose the particulars showing that the Court had jurisdiction. On these pleadings, the lower Court framed a preliminary issue as to whether it had had jurisdiction to entertain the suit.