1. This application in revision is directed against the order dated 3rd April 1950 passed by the 2nd Additional District Judge, Nagpur, in a pending suit, discharging from the suit non-Applicant 2 (Chief Secretary to the Government of Madhya Pradesh) and non-applicant 3 (Chief Minister of Madhya Pradesh) on the ground that the suit was pot maintainable against them.

2. It appears that the Petitioner instituted a suit for damages amounting to Rs. 15,000 against three persons including the two non-applicants aforesaid. The Petitioner alleged in his plaint that non-applicants 2 and 3 allowed non-applicant 1, who happens to be the son of the Chief Minister, to drive a State car, which is in the administrative, control of the Chief Secretary under the directions of the Chief Minister, and that those high functionaries of the State in dereliction of their duty allowed the car to be used by non-applicant 1, though the car is meant for the use of distinguished officials and non-official guests of the Provincial Government and Officers of the Government of India of a certain rank.

The Petitioner further alleged in his plaint that on 20th July 1948 the saloon car bearing registration N