1. THIS Rule is directed against the decision on the preliminary issue as to jurisdiction. The suit was instituted in 1950 in the Court of the Subordinate Judge, First Court, Howrah. The plaintiff claims a decree for administration of the estate of Girish Chandra Das by the Court, for accounts and for Receiver during the pendency of the suit. The particulars of the estate were given in a schedule annexed to the plaint. Two items of property were mentioned. The second item was the fish business carried on at Dobson Road, Golabari, in the district of Howrah. The defendants contended that the court had no jurisdiction to try this suit. The trial court decided the issue in favour of the plaintiff. The matter came up on revision to this Court. By a judgment dated January 6, 1953 this Court decided that a part of the cause of action arose within the jurisdiction of the Howrah Court and as such that court had jurisdiction to try the suit. The Court, however, went on to observe:

"had it been a case where the suit was one for the administration of both movable and immovable properties and the Howrah court had jurisdiction over only some item of movable properties, the question might