Judgment

A. K. SARKAR, J. : The princely States that existed in British India, merged themselves in the Union India not very long after India became independent. Before the merger some of these States passed through certain stages which may be called transitional. The decision of this appeal depends on certain laws that came into existence during the transitional stage through which the Princely State of Indore passed before it became merged in the Indian Union.

2. Up to April 22, 1948, Indore as one of the Princely States of India enjoyed internal sovereign rights and had its own laws and courts. These laws and courts derived their authority from the Ruler of Indore in whom the sovereign power was vested. The highest court in Indore was called the High Court.

3. The suit out of which this appeal arises was filed by the appellant against the respondents in the Indore High Court on November 6, 1947. It was a suit for the specific performance of an agreement whereby it is said, Govindram Saksaria, whose heirs and legal representatives the respondents are, agreed to sell to the appellant a share in a business. The said Govindram Saksaria having died prior to the suit it was brought against the respondents.

4. On April 22, 1948, the rulers of Gwalior, Indore and certain other States in the region known as Malwa (Madhya-Bharat) entered into a Covenant to unite and integrate their territories in one State with a common executive, legislature and judiciary, by the name of the United State of Gwalior, Indore and Malwa (Madhya-Bharat) and to include in that United State any other State the Ruler of which later agreed with the approval of the Government of India, to merge his State in the United State. Article 3 of the Covenant provided for the constitution of a Council of Rulers one of the members of which was to be its President, such President being called the Rajpramukh. It also provided that the Ruler of Gwalior would be the first Raj Pramukh of the United State. Under Art. 6 of the Covenant, the Ruler of each covenanting State was required to make over the administration of his State to the Raj Pramukh by a date not later than July 1, 1948. This article also provided that upon the administration of a State being made over to the Raj Pramukh all rights, authority and jurisdiction belonging to its Ruler and appertaining or incidental to its Government, would vest in the United State. Similar provision was also made in respect of the vesting of the rights, authority and jurisdiction of the Ruler of a State which by a subsequent agreement became included in the United State. Article 10 provided that as soon as practicable a Constituent Assembly for the United State would be formed in the manner indicated, for framing its Constitution and that the Raj Pramukh would by August 1, 1948, constitute an interim Legislative Assembly. It also provided that until the Constitution framed by the Constituent Assembly came into operation, the Raj Pramukh would have the power to make and promulgate Ordinances for the peace and good Government of the United State but such Ordinances would have force for a period not longer than six months from its promulgation and would be liable to be controlled or superseded by an Act of the interim Legislative Assembly. As a matter of interest it may be mentioned here, though nothing turns on that in this appeal, that the United State later became a Part B State as defined in the Constitution of India and lastly, merged in the territories of what is now the State of Madhya Pradesh.

5. The suit brought by the appellant was heard by a single Judge of the Indore High Court who decreed it by his judgment pronounced on June 11, 1948. It was five days after this judgment had been pronounced, namely, on June 16, 1948, that the Ruler of Indore made over the administration of his State to the Raj Pramukh of the United State in terms of the Covenant. It appears, however, that the High Court of Indore continued functioning even t