PREMCHAND Vs. HIRALAL

JUDGEMENT

(1.) 1. This is a suit for partition filed in the Court of the Additional District Judge, Jubbulpore; the plaintiff contending that he is a member of the joint family claims a half-share in the family moveables and immovables. The immovable property includes houses situated in Shahdole in the Rewa State, and some of the moveable property is also in that State, and there is a money-lending business also there. The plaintiff's suit, he being a minor, is by his next friend; but before the hearing of the present application he came of age, and the next friend's name has been removed from the record.

(2.) DEFENDANT 1, Singhai Hiralal, stated that the moveable and immovable property at Shahdole in the Rewa State belonged exclusively to him, and also denied the jurisdiction of the Court to make a partition of property situated outside British India, Among the preliminary issues framed was the following: Whether the Shahdole property should be excluded from the joint property for purposes of partition, as it is not situate in British India.

(3.) THE lower Court has held that it has no jurisdiction over the moveable or immovable property at Shahdole. The plaintiff comes here in revision.