BAKSHISH SINGH DHALIWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiff, late Shri Bakshish Singh Dhaliwal, filed a suit for recovery against the Union of India as the first defendant and the State of Punjab as the second defendant. The original claim was much larger but in terms of the amended plaint, the claim is confined to recovery of Rs.32,51,599/-.

(2.) The plaint sets out that in the year 1944-45 the plaintiff was engaged in contractual works for CPWD on a large scale. The plaintiff was, however, arrested under the Defence of India Rules by the Punjab Police on 12.4.1944. He was released by the High Court of Judicature at Lahore but was soon re-arrested on 26.4.1944 under the provisions of Section 420 IPC. The origination of the complaint was in respect of the works carried out by the plaintiff in respect of a contract at Burma. Searches were carried out at the house of the plaintiff and cash amount of Rs.5.00 lacs, 6 trucks and one Buick car of the plaintiff were seized under the provisions of Section 94 Cr.P.C. These vehicles are stated to have been sold at a nominal sum of Rs.18,500/- on account of improper maintenance by the police authorities.

(3.) The principal cause arose on 23.10.1944 when the Deputy Superintendent of Police, Mr.Tek Singh, moved an application before the Court of the District and Sessions Judge, Jullundur under Section 3 of the Criminal Law Amendment Ordinance No. XXXVIII of 1944 (hereinafter referred to as the said Ordinance) to attach the properties of the plaintiff. Thus, various amounts due to the plaintiff as also the deposits of the plaintiff with banks were attached. The plaintiff has claimed the amount so attached apart from business losses. The plaintiff has also claimed interest @ 9% per annum.