SHERSINGH Vs. GHANSIRAM

JUDGEMENT

(1.) This is a reference by the Munsif of Jaitaran, and has arisen in the following circumstances.

(2.) A suit was filed by Shri Shersingh, Jagirdar of Balunda, against Ghansiram for a sum of Rs. 600/-. In that suit the defendant wanted to examine the plaintiff as his witness. Thereupon, an application was made by the plaintiff on 17-11-1951, to the effect that he was exempt from attendance in Court by virtue of a notification issued by the former State of Jodhpur, No. 5587, dated 6-2-1934, published in the Jodhpur Gazette of 20-3-1934. Thereupon, there was an objection by the defendant whose case was (i) that that notification had lost all force in view of certain changes in the law, and (ii) that, in any case, in view of Article 14 of the Constitution, the privilege conferred by the notification could no longer be enjoyed as it infringed equality before the law provided by that article.

(3.) The matter was argued before the Munsif, and he has referred two questions to us under the proviso to Section 113, Civil P. C. These questions are: