STATE Vs. ATMARAM

JUDGEMENT

(1.) -

(2.) THIS is an appeal by the State of Rajasthan from the judgment and decree passed by the Senior Civil Judge, Bundi dated 27th September, 1966, by which the learned Judge set aside the judgment and decree of the trial court and decreed the plaintiff-respondents' suit for Rs. 1,500/-.

(3.) BUT an argument has been raised by Mr. Soral that the suit would lie in respect of the money which had become due before coming into force of the Pensions Act, that is, 22nd May, 1958. It is argued that the right to sue is a vested right and sec. 3 cannot be construed as retrospective. In support of his contention learned counsel has relied upon Henshall vs. Porter (l), Samdukhan vs. Madanlal (2) and Brojendralal vs. Mubeswar Ali (3).