FARJAND ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision has been filed by Farzand Ali applicant against the appellate order of the Additional Commissioner, Udaipur dated 26-11-54 whereby a bond of Rs. 101/- executed by the applicant in a Lavaldi case was ordered to be forfeited to the Government.

(2.) WE have heard the counsel for the parties and have also examined the record of the case. The main contention of the learned counsel for the applicant is that there is no provision in any of the Hidayats regarding Lavaldi proceeding in the formen covenanting State of Mewar for the forfeiture of the security bond furnished by an informer. On a reference having made. to the Commissioner, the contention of the applicant is supported by the reply received that there is no written law or hidayat by which such bonds could be forfeited. The learned Government Advocate has expressed before us his inability to quote any such hidayat or law as he had received no reply from the office of the Commissioner, to whom he had made a likewise reference. In the circumstances, we feel, that the order of the forfeiture of the bond by lower courts was not justified and the lower courts acted without jurisdiction. The revision is, therefore, allowed, the order of the lower court is set aside. .