BERI, C.J.—Smt. Sireh Kanwar, widow of late Raja Kan Singh, instituted a suit for partition of certain immoveable and moveable properties in the court of Senior Civil Judge No. 1, Jaipur City, on December 22, 1967. The defendants in the suit were the son and other heirs of the Raja as would be evident from the genealogical table to which I shall presently refer. Hari Singh son of Raja Kan Singh by Smt. Sireh Kanwar resisted the suit while some other defendants pressed for partition. A preliminary issue was struck reading:

"Whether the plaintiff is not entitled to file a suil for partition of immovable property?"

The suit travelled to the court of Additional District Judge No. 1, Jaipur City, and the learned Judge by his order dated September 6, 1971 held that Smt. Sireh Kanwar was competent to institute the suit because sec. 31 of the Hindu Succession Act, 1956 (here-r inafter referred to as "the Succession Act") merely repealed the Hindu Womens Rights to Property Act. 1937 (Act No. XVIII of 1937) (hereinafter referred to as "the Indian Act of 1937") and not the Jaipur Hindu Womens right to Property Act, 1947 (Act No. XXXVIII of 1947) (hereinafter referred to as "the Jaipur Act of 19

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