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1965 Supreme(HP) 25

OM PARKASH
Union of India – Appellant
Versus
Raj kumar Rajinder Singh – Respondent


Advocates:
K.L. Misra, Advocate General, U.P. and Prithvi Raj, for Petitioner; Mohan Lal, for Respondent No. 1, Chhabil Dass, Govt. Advocate, for Respondent No. 2.

Judgement

ORDER :- This revision-petition, against an order of the learned District Judge, Mahasu, raises an important question of law, with respect to the appointment of recognized agents, on behalf of the Central Government, for purposes of signing and verifying plaints and written-statements, and acting in suits, instituted, against that Government in Himachal Pradesh, a Union territory. The determination of the question involves the consideration of Order XXVII of the Code of Civil Procedure and of the following two notifications :

1. Government of India, Ministry of Law, Notification No. S. R. O. 282 dated the 21st January, 1958. " In pursuance of clause (1) of Article 239 of the Constitution and in supersession of the notification of the Government of India in the Ministry of Law, No. S. R. O. 699, dated the 8th April, 1953, the President hereby directs that the functions assigned to the Central Government by Order XXVII of the First Schedule to the Code of Civil Procedure 1908 (5 of 1908), shall be discharged, in relation to a Union territory other than Delhi, by the Administrator of that Union territory, by whatever designation he may be appointed."

2. Himachal Pradesh Adminis

























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