RAMESH CHANDRA DAS Vs. BIRENDRA KISHORE MANIKYA

JUDGEMENT

(1.) This is an application by Maharani Srimati Arundhati Mahadevi of Tipperah asking for a decision of this Court as to whether Maharaja Bir Bikram Kishore Munikya Bahadur the present Maharaja of Tipperah is a minor for the purposes of the present appeal which is one of many cases pending in British Indian Courts, in connection with his extensive zemindary within British territories and for such order as to this Court may seem fit and proper. During the pendency of this appeal the respondent Maharaja Birendra Kishore Manikya Bahadur of Tipperah died on the 13 August, 1923, leaving as his son and heir the said Maharaja Bir Bikram Kishore Manikya Bahadur who had succeeded to the Tipperah State a Feudatory State in alliance with the British Government, as its Ruling Chief with the approval of the British Government. The appellant thereupon applied for the substitution of the name of Maharaja Bir Bikram Kishore Manikya Bahadur as respondent and, alleging that he was a minor, proposed the applicant Srimati Arundhati Mahadevi, his mother, as his guardian ad litem. Notices were served upon the applicant, the Government pleader, as also upon Rai Jyotish Chandra Sen Bahadur, who is the Vice-President of the Council of Administration of the Tipperah Estate. The Petitioner Maharani Srimati Arundhati Mahadevi states that Maharaja Bir Bikram Kishore Manikya Bahadur has not yet completed his 16 year and is governed by the Dayabhaga School of Hindu law. She, therefore, submits that according to the personal law of the Maharaja he has attained the age of majority. Some time in November, 1893 with the approval of the Government of India in the Political Department, a Council of Administration was constituted for the administration of the Tipperah State and by a proclamation, dated the 9 December, 1923, the Council of Administration assumed charge of the administration and Rai Jyotish Chandra Sen Bahadur, the Vice-President of the Council, was appointed the Manager of the Chakla Roshnabad Estates which are eatates appertaining to the Tipperah Raj in British territory.

(2.) It further appears that by a notification published in the Calcutta Gazette, dated the 5th December, 1923, Part 1, p. 1826, the Govornor-in-Council appointed the said Rai Jyotish Chandra Sen Bahadur, Manager of His Highness Roshnabad Estates to be the agent of the Maharaja under Section 85 of the Civil P. C..

(3.) The question as to what course should be adopted in the matter of substituting the Maharaja's name in the pending suits appeals and proceedings was referred to the Government by the Vice-President by a letter, dated the 27 January, 1924, and the answer given by the Government by its letter, dated the 25 February, 1924, from the Political Agent of the Tipperah Estate to the Vice-President of the Council of Administration of the Tipperah Estate is to the following effect: "The name of His Highness the Maharaja should be substituted in suits in British Courts acting through his Manager holding his power."