VELCHAND CHHAGANLAL Vs. LIEUTEBOURCHIER

JUDGEMENT

(1.) We are indebted to Mr. Shah for having undertaken to argue this case as amicus curice for the respondent but we do not wish to call upon him to reply to Mr. Desai who has put the case before us very clearly and there is no doubt upon the law that the lower Courts have taken the correct view.

(2.) The whole question depends upon the construction of the (3) (1911) I.L.R 33 All. 529. words of Clause 2 (b) of Section 60, Civil Procedure Code, viz., "Nothing in this section shall be deemed to affect the provisions of the Array Act or of any similar law for the time being in force."

(3.) Section 136 of the Statute 44 & 45 Vie. Clause 58, amended in 1895, provides that the salary of an Officer in the British Army serving in India shall be paid to him without deduction unless the Legislature in India has directed to the contrary in that behalf.