P. C. MALLICK, J.

( 1 ) THIS is a suit for partition of properties belonging to a Mitakshara Coparcenary. The plaintiffs husband was a member of this coparcenary. The husband died in 1944. By an order passed by G. K. Mitter, J. the two following issues were set down for trial as preliminary issues. 1. (a) (i) Has the plaintiff any share to the immovable properties? (ii) Has the plaintiff any share in the movable properties? (b) If so, what is the nature and extent of such share? 2. Has the plaintiff any right to claim maintenance? If so, out of what estate?

( 2 ) MR. Choudhury appearing for the plaintiff suggested that the hearing of the second issue be deterred and the first issue be decided first. Mr. Deb appearing for the defendants suggested that over and above the two above issues, let a third issue be framed and tried as to whether the court has jurisdiction to try this suit. Ultimately it was agreed by the parties that the issue No. 1 be tried first and the second issue as also the issue as to jurisdiction should be tried after the determination of issue No. 1.

( 3 ) MR. Deb submitted that parties will only be at issue if the parties are domiciled in Jaipur which till 1947

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