ORDER

C.C. Ghose, J. - In this case, the plaintiff sued to enforce specific performance of a contract to execute a conveyance in respect of the free-hold of the property mentioned in the plaint. Such a suit was and is a suit for enforcement of a contract for an interest in immovable property. There cannot be any doubt that such a suit must be brought in a forum within whose jurisdiction the property in question is situate. Ex consesis, the Sealdah Court has no jurisdiction, in this view of the matter, to try a suit for specific performance of a contract for a conveyance of the free-hold in a property which is situate outside the jurisdiction of that Court. It follows, therefore, that the Sealdah Court by deciding that it has jurisdiction cannot give itself jurisdiction to try the suit. It further follows that there has been an exercise of jurisdiction by the Sealdah Court where it has no such jurisdiction. The question then arises whether this Court should interfere in the matter. It is argued by Dr. Basak who appears for the plaintiff-opposite party that what has been decided is only with respect to an issue which arises in the suit, that is, with respect to a portion or part of th