Judgment

MAHAJAN J. : This is an appeal from the judgment of the High Court of Judicature of the State of Punjab dated the 24th May 1951, dismissing the petition filed by the appellants for writs of certiorari , prohibition and mandaus against the respondent.

2. Aboobaker Abdul Rahman, the father of the appellants, was possessed of considerable moveable as well as immovable properties including a cinema theatre, known as the Imperial Cinema, situate at Bombay Soon after the partition of India, he went to Pakistan and was in Karachi in the month of September 1947 where he purchased certain properties in that month. On information supplied by one Tek Chand Dolwani to the Additional Custodian of Evacuee Property, the Additional Custodian started proceedings under the Bombay Evacuees (Administration of Property) Act, 1949, against Aboobaker in or about the month of July 1949. During the pendency of the said proceedings, the Government of India Ordinance XXVII of 1949 came into force. Thereupon, on the 16th December 1949 the Additional Custodian issued a notice to the said Aboobaker under S. 7 of the Ordinance and a further notice on the 11th January 1950 to show cause why his property should not be declared to be evacuee property. Pursuant to the said notices an enquiry was held by the Additional Custodian of Evacuee Property who after recording the statement of the said Aboobaker and examining some other evidence produced by the said Tekchand Dolwani and taking into consideration the written statement filed by him, adjudicated on the 8th February 1950 that the said Aboobaker, was not an evacuee. He, however, issued another notice to Aboobaker on the same day calling upon him to show cause why he should not be declared an intending evacuee under section 19 of the said Ordinance. On the 9th February 1950 he adjudicated him as an intending evacuee.

3. On the 31st March 1950, Tekchand Dolwani being the informant and interested in the adjudication of the said Aboobaker as an evacuee, filed an appeal against the order of the 9th February to the respondent (The Custodian General of India) praying for an order declareing the said Aboobaker an evacuee and that he being the first informant should be allotted the said cinema. On the 18th April 1950, the Ordinance was replaced by Act XXXI of 1950.

4. The appeal was heard by he respondent in New Delhi on the 13th May 1950. At the hearing it was urged on behalf of Aboobaker that he having been declared an intending evacuee and he having accepted that order, no appeal lay therefrom and that the said Tekchand Dolwani was not a person aggrieved by any order passed by the Additional Custodian and therefore had no locus standi to appeal under the provisions of section 24 of Ordinance XXVII of 1949.

5. The hearing of the appeal was concluded on the 13th May 1950 and it is alleged in the written statement of the respondent that the order was dictated by him on the same day after the conclusion of the hearing and was also signed by him and it bore that date. Aboobaker suddenly died on the 14th May 1950 which was a Sunday and the respondent pronounced the order written on the 13th to the counsel of Aboobaker on the 15th May 1950. By this order the respondent held that the appeal purporting to be from the order passed by the Additional Custodian on the 9th February 1950 declaring the said Aboobaker an intending evacuee in effect and in substance was directed against the order made on the 8th February in the proceedings started under section 7 of the Ordinance declining to declare the said Aboobaker s property as evacuee property. He further held that the said Tekchand Dolwani was interested in the appeal and has locus standi to prefer it. Having overruled the preliminary objections raised by the appellants, the hearing of the appeal was adjourned and further inquiry was directed to be made in the matter. Notices of the adjourned hearing of the appeal were given from time to time to the two appellan