Supreme Court of India · 1961-03-03
MOHANLAL JAIN vs HIS HIGHNESS MAHARAJA SHRI SAWAI MAN SINGHJI
- Citation / case number
- SC 1960/62
- Court
- Supreme Court of India
- Petitioner
- MOHANLAL JAIN
- Respondent
- HIS HIGHNESS MAHARAJA SHRI SAWAI MAN SINGHJI
- Author
- DAS, S.K.,KAPURL.,HIDAYATULLAH, M.,SHAHC.,AIYYAR, T.L. VENKATARAMA
- Bench
- DAS, S.K.,KAPUR, J.L.,HIDAYATULLAH, M.,SHAH, J.C.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that Section 87-B of the Code of Civil Procedure, 1908, does not violate Article 14 of the Constitution and is not void, as it merely continues the privileges previously enjoyed by Ex-Rulers of Indian States. The Court established that the term 'sued' encompasses both the filing and continuation of a suit, necessitating the consent of the Central Government for both actions. Consequently, the suit against the Ex-Ruler of Jaipur was deemed incompetent due to the lack of such consent, affirming the dismissal of the suit.