RADHA KRISHEN PRATAP SINGH Vs. H S BATES

JUDGEMENT

(1.) THIS and the connected appeal No. 7 of 1948 are two appeals by the plaintiff under Section 12 (2), Oudh Courts Act (4 of 1925) against two decrees of a learned single Judge of the erstwhile chief Court. The appeals were preferred before the amalgamation of the Chief Court with the allahabad High Court.

(2.) THE plaintiff is one Kunwar Radha Krishna Pratap Singh who was formerly the Assistant manager of the Balrampur Estate. The appellant happens also to be related to the Maharaja, i. e. , the proprietor of the estate. He brought the suit, which has given rise to these two appeals, to recover a sum of Rs. 2000 as damages for slander and libel against four persons, namely, (i) H. S. Bates, I. C. S. , Manager of the estate, (2) Y. A. Dikshit, Confidential Adviser to the Maharani saheba, (3) V. V. Singh, Private Secretary to the Maharaja and (4) the Maharaja. In the plaint, as originally filed, damages were claimed against the first three defendants only, and it was stated that the Maharaja, defendant 4, was a pro forma defendant. Later on the plaintiff got his plaint amended and claimed damages against the Maharaja also.

(3.) THE taluqa known as Balrampur Estate was formerly under the superintendence of the Court of Wards. It was released in 1937. Ordinarily the proprietor is invested with full proprietary powers after release. There was, however, some talk about reserving some of the powers in favour of the Maharani as a condition of release. Such a step, if taken, would have increased the power and influence of Dikshit, Confidential Adviser of the Maharani. The relations between the plaintiff-appellant and Dikshit were by no means cordial. Naturally the plaintiff-appellant was not pleased at the prospect of Dikshit gaining more influence and power in the estate.