JUDGMENT - Chagla, C. J.

1. This appeal arises out of a suit filed by the plaintiff to challenge an order dated October 22, 1951, issued by the Union of India. The order is issued under Sub-section (2) of Section 3 of the Foreigners Act and it calls upon the plaintiff not to remain in India after the expiry of one month from the date on which the order was served on Him, and it also calls upon him to depart from India by the Port of Bombay and not thereafter to re-enter India. Various contentions were urged before the learned Judge below. The learned Judge held that, the plaintiff was a citizen of India by reason of the fact that he was domiciled in India and he-had been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the Constitution. It was urged by the plaintiff that he was born in the territory of India. That contention was rejected by the learned Judge. Having held that the plaintiff was a citizen as defined by Article 5 of the Constitution, the learned Judge came to the conclusion that the plaintiff could not be externed under the Foreigners Act.

2. Turning to the Foreigners Act, the Act docs not authorise th

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