IBRAHIM Vs. GULAM MOHAMMAD

JUDGEMENT

(1.) The appellant filed a suit for ejectment on the ground of arrears of rent. Admittedly, the appellant is a citizen of Pakistan. The respondent filed a written statement and raised an objection that by virtue of Section 83 of the Civil Procedure Code, the suit, as it is filed by the plaintiff alien enemy without the consent of the Central Government, is not maintainable. Both the courts below have upheld the objection raised by the respondent and dismissed the suit. The present appeal was admitted on the following substantial questions of law:

(2.) Under Section 83 of the Civil Procedure Code, an alien enemy residing in India with the permission of the Central Government can file a suit in any court, competent to try the same, as if they are citizens of India. The alien enemy, who is residing in India without the permission of the Central Government has been prohibited from instituting suit in the court.

(3.) An order has been passed exercising the powers under R. 133(V)(1) of the Defence of India Rules, 1962 by the Central Government on 10-9-1965 which is as under: -