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1945 Supreme(All) 132

GHULAM HASAN, THOMAS
K. B. Raja Maheshwar Dayal Seth – Appellant
Versus
Hon'ble Yovraj Dutta Singh – Respondent


Advocates appeared:
Niamatullah Ali Zaheer and Bijay Shankar, For the Appellant / M.H. Qidwai for Respondent Nos. 1 to 3, Messrs. R.B. Lal, M. Wasim, Hyder Husein, Bishun Singh for Respondent No. 4 and Mr. K.P. Misra also Mr. Girja Shankar, For the Respondent

JUDGMENT

Thomas, C.J. and Ghulam Hasan, J. - This appeal is filed by the plaintiff against an order dated the 13th September, 1945, passed by the Civil Judge of Lucknow refusing to grant a temporary injunction in a suit for a declaration.

2. The facts are few and simple. Rai Bahadur Raja Maheshwar Dayal Seth plaintiff is a member of the British Indian Association. He stood for election to the office of the President, which is to be held on the 19th September, 1945. The/rival candidates are Raja Sri Amar Krishna Narain Singh of Ramnagar and Dewan Kamakhya Dutt Ram taluqdar of Rasulpur. The term of the outgoing President, who is the Hon'ble Raja Yuvraj Dutt Singh of Order is to expire on the 2nd October. Under the Regulations of the Association the' President acted as the Returning Officer. Nomination papers were filed/by the respective candidates, more than one nomination paper being filed for the plaintiff. These were filed on the 3rd September and the scrutiny was held on the 5th September. An objection was raised by the Raja of Ramnagar to the plaintiff's nomination on the ground that the plaintiff had relinquished his titles of "Rai Bahadur" and "Raja" and the nomination paper wro

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