RANA BASHISHST CHAND RAI Vs. SARDARNI RADHIKA DEVI

JUDGEMENT

(1.) THIS matter termed a civil revision has come before us from an order of Mr. Justice Kapur made on the 22nd of November, 1950. The learned Judge considered that the question arising before him should be determined by a Division Bench. The question is Thus:

(2.) FOLLOWING the coming into force of the Constitution there has been no withdrawal of the notification issued under Section 133 of the Code of Civil Procedure. The Koti State acceeded to the Dominion - sometime in 1948 as we understand. There was a general form of instrument of accession signed by the Rulers of States in the Himachal Pradesh. This form appears at page 219 of the White Paper on Indian States issued by the Government of India, Revised Edition, in march 1950. Article 4 of the form of instrument reads as follows:

(3.) WHEN the application for exemption from appearance was made in the present matter the subordinate Judge to whom it was made considered that by reason of the memorandum of the government of India mentioned above any immunity formerly existing by reason of order made under Section 133 of the Code became a matter entirely in the discretion of the Court to allow or to disallow according to the circum-stances of the particular case. In the circumstances of this case the learned Judge thought that the immunity should not be allowed and it is from this order that the revision application has arisen.