JUDGMENT

V.K.Jain, J. (ORAL)

IA No. 13889/2010 (O. 14 R. 2 CPC)

1. The following additional issue is framed on the pleadings of the parties:

Whether the suit is properly valued for the purpose of Court fee and jurisdiction and the requisite fee has been paid on it? OPP

2. The learned counsel for plaintiff also wants one issue with respect to jurisdiction of this Court to decide the genuineness and validity of the Will set up in the plaint another issue on the maintainability of the suit.

3. As regards maintainability of the suit, this being a suit for partition on the basis that the plaintiff is one of the co-owners of the suit property, it can hardly be disputed that the suit for partition and separate possession of the property is maintainable in law. The learned counsel for the defendants is unable to show how the suit, as framed, is not maintainable. Therefore, there is no necessity for framing any issue with respect to maintainability of suit.

4. As regards jurisdiction, the learned counsel for the defendants 1 and 2 has placed reliance upon T. Venkata Narayana and Others v. Venkata Subbamma and Ors. (1996) 4 SCC 457 and Chiranjilal Shrilal Goenka v. Jasjit Singh and O