EDWARD D. SINCLAIR Vs. L. P. D. BROUGHTON

JUDGEMENT

(1.) THIS is an appeal brought in forma pauperis by the Appellant, Mr. Edward D. Sinclair, by special leave of Her Majesty in Council, from a judgment of the Judicial Commissioner of Oudh, dated the 19th of November, 1874, in a suit brought by the Appellant in the Court of the Civil Judge of Lucknow against the late Major-General Sir Henry Tombs, and also from a judgment of the Commissioner of Lucknow in the same suit.

(2.) THE suit was commenced as far back as the year 1873, and was for the recovery of damages laid at Rs. 25,000, alleged to have been sustained by the Plaintiff in consequence of the Defendant's having put him under an unlawful arrest of European soldiers of her Majesty's Royal Artillery, and having wrongfully confined him in his own premises for three successive days, viz., from the 1st to the 3rd of November, 1872, and having caused violence to be used against his person and property. The Plaintiff also complained that the Defendant, subsequently to the first step, viz., on Sunday, the 3rd of November, 1872, forcibly delivered the Plaintiff into the custody of the late Lieutenant Gubhins, the then cantonment magistrate.

(3.) THAT on the return of Lieutenant Gubbins, the cantonment magistrate, to the station, .on the 3rd of November, 1872, the Plaintiff was made over in due course to the said magistrate (Section 4, Act XXX.VI. of 1858), to be dealt with according to law, and that Defendant was in no way concerned, not could he be held responsible for any proceedings that might have taken place in the Court of the cantonment magistrate, or subsequently.