JUDGMENT

Mitter, J. - This appeal is directed against an order of the Subordinate Judge of 24 Perganas dated 29th August 1930 by which he returned the plaint of the plaintiff, now appellant, in a partition suit valued at Rs. 3,80,101 to be filed in the proper Court. He made the order in the absence of the plaintiff' and held on such materials as had been put before him by defendant 6, Raja Promatha Bhusan Deb Ray of Naldanga, that the Alipur Court had no jurisdiction to entertain the suit as none of the properties which formed the subject-matter of partition lie within the jurisdiction of that Court. Hence the present appeal.

2. Two questions have been debated before us in the appeal: (1) whether the Subordinate Judge should have proceeded to deal with the suit under the provisions of C.17,R.2 instead of proceedings under Order 17, Rule 3, Civil P.C.; (2) whether the materials before the Court were sufficient to justify the conclusion that the Alipur Court had no jurisdiction to entertain the partition suit. (After stating the case of plaintiff and that of the defendant as given in the plaint and written statement, the judgment proceeded). Several issues were framed. It is necessary