STATE OF RAJASTHA Vs. CHIRANJI LAL AGARWAL

JUDGEMENT

(1.) THESE two applications seek certificate of fitness for leave to appeal to the Supreme Court under Art. 133 of the Constitution against the decree and judgment of this Court dated 7th December, 1965, disposing of two cross appeals Nos. 8 and 10 of 1957, arising out of an original suit No. 26 of 1952, for damages.

(2.) THE relevant facts are these: THE plaintiff-respondent was arrested on a warrant issued by the then Government of Jaipur State under sec 3 of the Jaipur Public Security Ordinance, 1947, on 9th June, 1948, and was kept in detention in the Central Jail, Jaipur City, till 18th of July, 1948 when he was released in pursuance of an order of the High Court of Jaipur dated 12th July, 1948, passed on habeas corpus petition filed by him. Alleging that his arrest and detention were wrongful and illegal, without any reasonable cause and were mala fide, the plaintiff instituted a suit for damages amounting to Rs. 2,03,000/- in tort against the then State of Jaipur and six cabinet ministers, on 22nd March, 1949, in the Court of District Judge, Jaipur. On 7th April, 1949 the various covenanting States of Rajasthan were integrated and the Jaipur State merged with the Rajasthan. THE State of Rajasthan was substituted for the State of Jaipur. THE suit was ultimately tried by the Senior Civil Judge, Jaipur City.

(3.) THERE are no merits in these applications and they are hereby dismissed with costs. .