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1912 DIGILAW 565 (MAD)

G. T. Gilmore v. State Of Travancore

1912-10-18

body1912
JUDGMENT 1. This is an appeal against the order of Wallis J. on the original side dismissing the plaintiffs suit under Rule 57 of the Original Side Rules which provides that when the plaint discloses no reasonable cause of action or is vexatious the Judge may strike out the plaint and dismiss the suit. 2. The claim is to recover the sum of Rs. 94,000 from the state of Travancore or Dewan of Travancore as damages for wrongful dismissal from the service of that state. 3. His Highness the Maharajah of Travancore is a Sovereign Prince or Ruling Chief " within the meaning of Sees. 85 to 87 of the Code of Civil Procedure and may not be sued in our Courts without the consent of the Governor-General in Council which admittedly has not been given in this case. 4. It is contended that the present suit is not against the Maharaja but against the State of Travancore or the Dewan as representing the State. 5. We do not think that any such distinction can be drawn. 6. The Code of Civil Procedure makes no provision for suits against such a state apart from its Prince or Chief and we have not been referred to any precedent for such a suit. 7. We are of opinion that no such suit will lie under the Code of Civil Procedure. Apart from its provisions it is clear that under the well established rules of International Law no such suit will lie. It is only necessary to refer to the cases of Beer Chancier Mahikya v. Raj Coomar Noboodey Chunder Deb Buniono (1883) I.L.R. 9 C. 535, Strousberj v. Republic Costa Costa Rica (1880) 29 W.R. 125. 8. We dismiss the appeal with costs.