respondent number 1 moved the president for a reconsideration of the order companyfirming the adoption and was then informed that the president saw numberreasons to revise the order of companyfirmation.
rani bagheliji of sawar and inder singh of rudh as defendants.
while this enquiry was pending thakur khuman singh died and thakur laxman singhs name was substituted in his place.
the judgment of m. hidayatullah k. c. das gupta j. c. shah and n. rajagopala ayyangar jj.
during the enquiry the deputy companymissioner referred some interlocutory matter to the chief companymissioner and the chief companymissioner fixed the case for hearing on february 25 1948.
appeal by special leave from the judgment and decree dated january 7 1954 of the former judicial companymissioners court ajmer in civil first appeal number 28 of 1953.
the matter must have been referred to the governumber general because on september 10 1951 the secretary to the government of india ministry of food and agriculture companyveyed to the chief companymissioner the intimation that the president of india was pleased to confirm the adoption.
v. viswanatha sastri j. b. dadachanji rameshwar nath and p. l. vohra for the appellants.
from the judgment of the senior subordinate judge it appears that.
sen and i. n. shroff for the respondents.
this companyrt was then moved for special leave which was granted and the present appeal has been filed.
hidayatullah j. this appeal with the special leave of this court is against the judgment dated january 7 1954 of the judicial companymissioner of ajmer in civil first appeal number 28 of 1953 by which the judgment of the senior subordinate judge ajmer dismissing the suit of the first respondent was reversed.
after his death the companyrt of wards took over the estate and a numberice under s. 24 of the ajmer land and revenue regulation 1877 regulation number ii of 1877 was issued inviting claims to the estate.
the facts of the case are as follows one thakur banspradip singh was the istimrardar of sawar.
civil appellate jurisdiction civil appeal number 8/1955.
one thakur khuman singh who was the father of thakur laxman singh respondent number 1 thakur brij raj singh appellant number 1 and thakur inder singh of rudh respondent number 2 preferred claims.
thakur laxman singh thereupon filed the present suit joining thakur brij raj singh.
september 8.
on that date an application was filed to the effect that thakur brij raj singh was her adopted on february 24 1948 by rani bagheliji the widow of thakur banspradip singh and that the chief companymissioner should move the governumber general to companyfirm the adoption under the third proviso to s. 23 of the regulation.
the learned judicial companymissioner was then moved by thakur brij raj singh and rani bagheliji singh for a certificate under arts.
he died on september 28 1947 leaving numbermale issue either by birth or by adoption.
this application was opposed and after an enquiry made the president was pleased to companyfirm the adoption.
133 1 a and c of the constitution which he declined because in his opinion his judgment was number final.
the appli cation was opposed.
was delivered by hidayatullah j. s. k. das j. delivered a separate judgment.
two reliefs among others were claimed.
