Judgement

GROVER, J.: This is an appeal by special leave from a judgment of the Allahabad High Court in which the principal question for determination is whether Section 9 of the Indian Citizenship Act, 1955, hereinafter called the "Act", which came into force on December 30, 1955, would be applicable to a suit, which was pending on that date.

2. Respondent No, 1 was born on July 3, 1934. He went to Pakistan in October 1950. In March 1958 he obtained a visa from the Indian High Commission in Pakistan for coming to India. He came to India on July 22, 1953. On July 20, 1954 the period of authorised stay expired and respondent No. 1 applied for permanent settlement in India. He, however, filed a writ petition in the High Court on July 15, 1954 but the same was dismissed on February 10, 1955 and respondent No. 1 was directed to file a suit. He instituted a suit on May 6, 1955. He claimed that he was born in India of parents who were residing here and that he was a minor when he was persuaded by two Muslim youths to accompany them on a trip to Pakistan. He went there without any intention to settle there permanently. Later on he made efforts to return but due to certain restrictions he wa