Judgment

HIDAYATULLAH, J. : This is an appeal by the State of Madhya Pradesh, which stands substituted for the State of Vindhya Pradesh under the States Reorganisation Act, 1956, and is directed against an order of the Judicial Commissioner, Rewa, by which he modified, on review his judgment and decree in a civil suit filed by the respondents against the State of Vindhya pradesh. The appeal has been filed on a certificate granted by the Judicial Commissioner, Rewa.

2. The only question urged in this appeal is that the suit brought against the State of Vindhya Pradesh was defective because the proper defendant was the Union of India. Since the question is one of law, it relieves us of the duty of narrating all the facts. Briefly stated, the suit was for damages valued at Rs. 1,00,000/- and for a permanent injunction against the State of Vindhya Pradesh. The suit was filed in the following circumstances: The respondents are bidi merchants, and for that purpose, had obtained on October 18, 1951 from the Divisional Forest Officer, Rewa, a lease for plucking and appropriating tendu leaves from the Makundpur Range for three years, commencing from October 18, 1951 on payment of Rs. 1,63,000