Kolkata Court November 1956 Judgments

Asgar Ally and Co. and ors. Vs. Vuppala Satyanarayana and ors.

Court: Kolkata

Reported in: AIR1957Cal317

P.B. Mukharji, J.1. This is an appeal from the judgment of the learned trial Judge dismissing the suit on a preliminary point of jurisdiction.2. The two reasons given by the learned Judge for dismissing the suit are: (1) that no part of the fraud alleged in the plaint arose within the jurisdiction of this Court and (2) that the fact that execution of the decree obtained in Suit No. 48 of 1949 of the Subordinate Judge's Court at Vizagapatam by this Court after the same had been transferred to this Court for execution was not sufficient to attract jurisdiction of the Court.3. The material facts of this case may be briefly stated. The defendants instituted a suit against the plaintiffs being Suit No. 48 of 1949 in the Court of the Subordinate Judge at Vizagapatam for the recovery of Rs. 98,864-1-4 with interest. In fact defendant Vuppala Satyanarayana being the defendant No. 2 in this case sued alleging himself as the head and manager of the joint family property purporting to consist of ...