JUDGMENT

DESAI, J. :— As a common question of law touching upon the jurisdiction of the Civil Court to determine the question as to whether, when or how any person has acquired citizenship of another country arises in both the appeals and therefore, they were set down for hearing together and are being disposed of by this common judgment.

Re. C. A. No. 1339 (N) of 1971

2. Respondents filed Civil Suit No. 231 of 1955 on May 3, 1955 against the State of Uttar Pradesh and the Union of India praying for a declaration that the respondents are the citizens of Indian Union and are entitled to permanently live at Aligarh or any other part thereof and for a permanent injunction restraining the defendants in the suit from deporting them to Pakistan or from prosecuting them under various statutes on account of their alleged failure to return to Pakistan. The suit was contested on diverse grounds one such being that the respondents had migrated to Pakistan and returned to India on a passport issued by the Government of Pakistan. This contention squarely raised the issue whether, when or how the respondents-plaintiffs had acquired the citizenship of Pakistan. The trial Court decreed the suit and