S.C.Ghose, J. - (1.)This is an application for an injunction restraining the respondents from instituting any proceeding, taking any action or passing any order against the petitioner under the Foreigners Act, 1946, until the disposal of the suit.
(2.)The suit is for a declaration that the plaintiff is a citizen of India, permanent injunction restraining the defendants, their servants and agents from treating the plaintiff as a foreigner and costs.
(3.)The facts leading to the present application are that the petitioner's parents came to India in 1910, to permanently settle in India. According to the petitioner the original domicile of the petitioner's parents were Chinese. The petitioner was born in 1928 in India. In 1946 when the petitioner became 18 years of age father's domicile was Indian and thus the petitioner became an Indian citizen with the coming into the operation of the Constitution of India on the 26th January, 1950. The petitioner became an Indian citizen under Article 5 (a) and (c) of the Constitution of India.