Bhandari, J.

1. One Captain Indar Singli presented a petition under Article 226 of the Constitution in which he challenged the validity of two orders, one passed by the Authorised Deputy Custodian on the 27th February 1952 and the other passed by the Additional Custodian on the 28th August 1952. A learned Judge of this Court dismissed the petition on the ground that the petitioner had not exhausted the remedies available to him under the law and the petitioner has accordingly preferred an appeal under Clause 10 of the Letters Patent.

2. Mr. H. S. Gujral, who appears for the petitioner, contends, that this client presented a petition to the Deputy Custodian-General under Section 27 of the Administration of Evacuee Property Act but this petition was dismissed on the 2nd December 1953. The petitioner was not aware or this order when the case came up for hearing before the learned Single Judge on the 7th December 1953 and his counsel was accordingly unable to invite the attention of the Court to this fact.

Mr. Gujral contends that the learned Single Judge was in error in holding that his client had not exhausted the remedies available to him under the law and prays that the ord