S.K.Mookherjee, J. - (1.) The present Appeal raises a short question of jurisdiction. The plaintiff is the appellant before this Court and by this appeal he challenges the order whereby the learned Subordinate Judge, Second Court, Hooghly, directed return of the Plaint for presentation before the proper forum upon a finding that he had no territorial jurisdiction to entertain the suit in question.
(2.) The suit was filed by the plaintiff before that court for realisation of a sum of Rs. 11,59,875/- from defendant No. 1 being the half share of the ex-gratia payment made by the Custodian of Enemy Property for India on account of the East Pakistan properties, owned by the plaintiff and the defendant No.1 jointly, and since taken possession of by the East Pakistan government. The plaintiff's allegation was that the plaintiff executed a general Power of Attorney in favour of defendant No.1 on the strength of which the latter obtained payment of the said half share from the Custodian and made part payment, in the guise of loan to be adjusted against the dues of the plaintiff of a sum of Rs. 90,000/ -only at Srirampore and did not thereafter hand over the balance of the half share of the plaintiff which as plaintiff's attorney the defendant No.1 was under an obligation to hand over at Srirampore but misappropriated the same for his own benefit without the knowledge of the plaintiff.
(3.) In the said suit since the defendant raised an objection about the territorial jurisdiction, the court entertained the same and framed an issue, being Issue No.2, which the court decided by the impugned order as a preliminary issue.;