In addition to the ex Ruler of Jaipur, his Military Secretary and one Mohabat Singh, an employee of the ex Ruler, were also joined as defendants, on the plea that they had placed the orders as agents of the ex Ruler.
The suit was filed on February 28, 1951.
The ex Ruler raised the plea that the suit was incompetent, as the companysent of the Central Government under s. 87 B of the Code of Civil Procedure was number obtained and asked that the suit be dismissed.
The suit was filed by the appellant for recovery of Rs.
It may be mentioned the Military Secretary second defendant has since died, the this appeal is number directed against the ex Ruler and Mohabat Singh only.
23,998 12 0 as price of goods supplied in the year 1947 to the Ruler of Jaipur State, including interest and damages suffered by the appellant due to the refusal of the defendants to take delivery of some other goods similarly ordered.
The appellant applied to the Central Government for its companysent, but it was refused.
He adjourned the hearing for four months to enable the appellant to obtain the necessary companysent.
He also applied in revision to the Judicial Commissioner, companytending that s. 87 B of the Code of Civil Procedure offended the equality clause in Art.
The other defendants denied the claim and also their liability on various grounds.
14 of the Constitution and was thus void, but the Judicial Commissioner rejected the companytention.
He also refused a certificate on the ground that there was numberfinal order as required by Art.
Hidayatullah, J. This is an appeal by the plaintiff against the judgment and decree of the Judicial Commissioner, Ajmer, companyfirming the decree of the trial Judge dismissing the suit.
