Misra, C.J.

This is an application for quashing Kolhan Title Suit no. 3 of 1967 pending in the court of opposite party no. 2, the Additional Deputy Commissioner of Singhbhum. The suit was instituted by opposite party no. 3, Dharamchand Jain, against the petitioner, claiming mainly the relief of recovery of possession of the properties described in the schedule attached to the plaint and the Additional Deputy Commissioner entertained the suit under a rule which is popularly known as Wilkinson's Rules. The petitioner has challenged the validity of these rules in so far as they provide for the maintainability of such title suits in the Court of the Additional Deputy Commissioner.

2. The main ground on which the validity of these rules has been challenged is that Regulation XIII of 1833 provided that the Governor-General of India in Council shall be competent to prescribe such rules as be would deem proper for the guidance of officers for the administration of civil and criminal justice and such rules prescribed by him came to be known as Wilkinson's Rules, but in fact these rules were never made by the Governor-General. The rules were in fact made by Captain T. Wilkinson, who wa