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J. C. SHAH, K. N. WANCHOO, N. RAJAGOPALA AYYANGAR, P. B. GAJENDRAGADKAR, S. M. SIKRI
Maharaj Kumar Tokendra Bir Singh – Appellant
Versus
Secretary, To The Government Of India, Ministry Of Home Affairs – Respondent
Judgment
GAJENDRAGADKAR, C.J.I. : This petition has been filed by the petitioner Maharaj Kumar Tokendra Bir Singh under Art. 32 of the Constitution challenging the validity of S. 87B of the Civil Procedure Code, as well as of the order passed by the Government of India according partial consent to the suit which the petitioner proposes to file against His Highness Okendrajit Singh, Maharaja of Manipur. The petitioner is the son of His Highness Sir Chura Chandra Singh, the late Maharaja of Manipur who died on the 6th November, 1941. At his death, he left behind him six sons, including the petitioner, and considerable movable and immovable properties which, according to the petitioner, were his self-acquired properties and as such, did not form part of the Manipur State. The said Sir Chura Chandra Singh had abdicated the throne in favour of his eldest son Bodh Chandra Singh, and, in consequence, Bodh Chandra Singh was recognised as the Ruler of Manipur State.
2. On the 20th September, 1949, the State of Manipur merged in the Dominion of India under an agreement of Merger executed on the said date. As a result of the said Agreement, all the properties belonging to the State vested in th
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