POONAM SRIVASTAVA, J. - (1.) THIS is a first appeal arising out of the judgment and decree dated 1.5.2004 passed by Additional Civil Judge (Senior Division), Varanasi in Original Suit No. 85 of 1998. The suit was dismissed with cost ex parte. The suit was filed for a mandatory injunction against the defendants, Union of India as defendant No. 1 and State of U.P. defendant No. 2. The defendant No. 1 was arrayed as a party through Chief Secretary, Government of India, New Delhi and defendant No. 2 through Chief Secretary, Government of U.P. Secretariat, Lucknow. Before institution of the suit, notice under Section 80, C.P.C. was given by registered post on 5.11.1997, which was served on the defendant No. 1 on 11.11.1997. The defendants did not respond to the said notice and after lapse of two months, the suit was filed in Varanasi court. The Court issued summons by registered post to the defendants but none of them appeared in Court despite sufficient service, as a consequence service to defendant No. 1 was deemed to be sufficient under Order V, Rule 15 and Rule 19A, C.P.C. on 1.12.1999. An order was passed by the Civil Judge to proceed ex parte.
(2.) THE fact set out in the plaint is that the plaintiff is a practicising advocate in Varanasi civil court. His enrolment No. is 1382/75 and he was enrolled in the U.P. Bar Council on 28.7.1975. The plaintiff belongs to a family of advocates and he had a very good practice. The plaintiff claimed that his right of privacy has been infringed by certain officers belonging to the cadre of Indian Administrative Service and Indian Police Service. The plaintiff was duped and as a result of conspiracy against him, some scientific instrument has been implanted in his body which has resulted in failure to earn his livelihood and he is at the verge of starvation. The officers of I.A.S. and I.P.S. have all along administered poisonous substance in his food and tea. which has resulted in impairment of his mental and physical faculty. Since the year 1971 the defendants have got the scientific instrument implanted in his testicles, which has resulted adversely and the plaintiff is not in control of his various organs of his body. His urinary system and his sexual desires and activities are in complete control of the defendants. This scientific instrument was implanted in Sir Sunder Lal Hospital B.H.U. Varanasi in the year 1971. Once again the defendants managed to inject foreign substance in his spinal cord at Police Headquarters, Allahabad. On 18.11.1982 certain other liquid substances were administered in his spinal cord in Sri Shiv Prasad Gupta Hospital, Varanasi. It is further stated in the plaint that the scientific instruments implanted and foreign substance injected in his body has caused him mental and physical pain and agony. He is unable to sleep at night as he is terrorized on account of horrifying dreams which comes to him on account of the instruments and different serums injected in his body. The defendants are in complete control of his body, thoughts, sleep and other activities. It is further stated that on account of this reason, he is not able to control his body. The plaintiff is not able to live in the civilized society and he is compelled to return amongst the criminal. The defendants are in absolute control of physical and mental faculties of the plaintiff. It is further stated in paragraph 13 of the plaint that yet another instrument was implanted in the spinal cord of the plaintiff on 11.2.1986 forcefully, which has reduced him to such a disbalanced state that he is no more a normal human being and the plaintiff was completely in the hands of the defendants. The plaintiff has alleged in paragraph 15 of the plaint that he had a very good practice in the District Court, Varanasi and he was offered judgeship of the High Court but he had refused it for a number of personal reasons. Whenever plaintiff tried to get himself medically examined, the defendants did not permit the hospital authority to issue the medical certificate as they would read the thoughts of the plaintiff in advance by the help of the instruments implanted in his body and prohibited the hospital authorities to medically examine him. The plaintiff moved an application on 15.6.1996 through the District Magistrate, Varanasi but he did not receive any response till the filing of the suit. The medical expenses for removal of the scientific instruments and foreign substance from his body will cost him one hundred million rupees and this medical assistance is only in the big cities of the country where doctors having advance knowledge in medicine and surgery are available. It is the case of violation of human rights defined under Section 2(d) of the Protection of Human Right. 1993 and also violation of provisions of the International Covenant on Civil and Political Rights, 1966. The suit was valued at hundred million rupees but as the relief claimed was mandatory injunction and the maximum court fee Rs. 500/ - was paid. The suit was presented on 23.8.1998 and according to the plaint the cause of action arose for the first time in the year 1971 then 1978 thereafter 18.11.1982, 11.2.1986 and in the year 1995 when the defendants were asked to remove the instrument and thereafter on each and every day till the filing of the suit. No written statement was filed in response to the summons issued to the defendants. In support of the plaint case only evidence adduced by the plaintiff is an affidavit, certificate of enrolment and also copies of the several decisions along with affidavit such as Civil Procedure Code pages 1042 -1025, Law of Tort 451 -452 and 473 and 475, AIR 1992 All 1105, Law of Tort, AIR 1922 SC 526, : AIR1941Cal207 , : AIR1969Pat194 , AIR 1924 Lah 713 at 716, : [1974]3SCR882 , : [1965]1SCR542 , AIR 1989 SC 1718, AIR (34) 1947 Nag 224. The court below considered all the documents and written argument submitted on behalf of the plaintiff and dismissed . the suit on the ground that no documentary evidence was brought on record except an affidavit has been filed in support of the assertion of the plaint. No specific name of either any officer or doctor has been given out in the plaint. Besides, there is no name of the scientific instrument or the substance implanted in his body. He has also not disclosed the name of the girl with whom he wanted to marry and was prevented by the defendants and also the names of the alleged characterless woman with whom he was compelled to have sexual relation at the behest of the defendants. The court below had concluded that the rulings relied upon by the plaintiff did not help him and entire allegations of the plaint are without any basis, the suit was dismissed with cost.
(3.) THE first appeal against the judgment of the court below was presented before the Registrar on 18.5.2000 and it came up before a Division Bench of this Court on 4.7.2000 for admission. The case was adjourned on the request of the counsel for the appellant and on 12.7.2000, the Division Bench directed the counsel for the appellant to file certified copies of the plaint and order of the trial court however, the appeal was admitted on 31.1.2001. The report of the office dated 25.1.2002 shows that the notices fixing 30.3.2001 were returned after service to the defendant -respondents. In pursuance to the service of notice, the defendants -respondents have not put in appearance before this Court also. On 12.2.2004 a Division Bench of this Court directed the appeal to come up for hearing. Despite the name of the counsel for the Union of India shown in the cause list, no one has appeared in the Court and the case has been taken in the revised list. Sri Ram Niwas Singh, learned counsel for the appellant advanced his argument and repeated the allegations of the plaint and cited certain decisions of the Apex Court.;