GAMBHIRMAL Vs. SUWALAL

JUDGEMENT

(1.) THIS is a reference by the learned District Magistrate of Nagaur.

(2.) IN a case pending before the learned Extra-Magistrate of Nagaur, the Magistrate refused the application of Shri Gambhirmal who was cited as a witness, to exempt him from attendance in court. The exemption was claimed in view of the order of His Highness the Maharaja of Jodhpur published in the Jodhpur Government Gazette dated 15th March 1934. On revision the learned District Magistrate has observed that although the order of the Maharaja was not under any provisions of the Code, yet as it emanated from a sovereign authority at the time when the authority had jurisdiction, it should be respected.