RAY NICHOLAS LINES Vs. ALL INDIA SPINNERS ASSOCIATION

JUDGEMENT

(1.) These civil revisions were directed by me to be placed before a Special Bench for hearing, as it was represented on behalf of both sides that an important question calls for consideration, namely, the construction of the provisions of Bihar Act 3 [III] of 1943 (hereinafter to be called the Act).

(2.) A number of suits instituted by the various respondents against the petitioners are pending in the Courts below. In each case the plaintiffs sued the defendant or defendants for damages alleged to have been caused to them as a result of certain illegal acts said to have been wrongly committed by the officers of the Crown during the period of disturbances in the province from 8-8-1942, till 9-4-1943. In some of the cases the Province of Bihar is made a defendant and relief is also sought against this defendant on the ground that the acts complained of were done or ordered to be done at the instance of the Province of Bihar.

(3.) The simple question for consideration in each case is whether the institution of the various suits giving rise to these applications in revisions is barred as no previous sanction of the Provincial Government was obtained as required by Section 4(a) of the Act and whether it was not the duty of the Courts to have referred the decision of this question to the Provincial Government as provided by Section 4, Sub-clause (b) of the Act.