Gajendragadkar, C. J. - (1.) This petition has been filed by the petitioner Maharaj Kumar Tokendra Bir Singh under Art. 32 of the Constitution challenging the validity of S. 87B of the Civil Procedure Code, as well as of the order passed by the Government of India according partial consent to the suit which the petitioner proposes to file against His Highness Okendrajit Singh, Maharaja of Manipur. The petitioner is the son of His Highness Sir Chura Chandra Singh, the late Maharaja of Manipur who died on the 6th November, 1941. At his death, he left behind him six sons, including the petitioner, and considerable movable and immovable properties which, according to the petitioner, were his self-acquired properties and as such, did not form part of the Manipur State. The said Sir Chura Chandra Singh had abdicated the throne in favour of his eldest son Bodh Chandra Singh, and, in consequence, Bodh Chandra Singh was recognised as the Ruler of Manipur State.
(2.) On the 20th September, 1949, the State of Manipur merged in the Dominion of India under an agreement of Merger executed on the said date. As a result of the said Agreement, all the properties belonging to the State vested in the Dominion Government and the private properties of the Maharaja were left unaffected and were, according to the petitioner, inherited and owned by all the members of the coparcenary under the provisions of the Dayabhaga School of Hindu Law. It appears that at the time of the said Merger, Maharaja Bodh Chandra Singh had prepared an inventory of all his private properties and after scrutiny, it had been approved by the Government of India. While approving the said inventory the Government of India had definitely stated that the effect of the declaration of the said property as private property was that the State had no claim on it. The said declaration was approved without prejudice to any rights of third parties. Later, on the 9th December, 1955, Maharaja Bodh Chandra Singh died, and he has been succeeded by his minor son Maharaja Okendrajit Singh living under the care and guardianship of his mother Rani Waikhom Nigol Komalanbati Devi. It is against this minor Maharaja that the petitioner intends to file a suit for partition.
(3.) According to the petitioner, the estate belonging to the joint family in which he has a share, consists of several movable and immovable properties. They have been described in Schedules A to E and X - Schedule A describes the landed properties within the Union territory of Manipur; Sch. B deals with properties at Gauhati in Assam; Sch. C with properties in Nadia District in West Bengal; Sch D with properties in Mathura District. Uttar Pradesh; Sch. E represents the war compensation of Rs. 54,894/- awarded to the family in respect of certain items of property; and Sch. X mentions the fire arms brought and owned by the late Maharaja Sir Chura Chandra Singh.;