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Judgment
In this matter the learned Vakil for the Plaintiff Opposite Party has now produced the sanction accorded by the Government of India for the institution of a suit by him. That sanction runs thus.-"The Governor-General in Council consents to a Civil suit being instituted in the Court of the Subordinate Judge of Rungpur against His Highness The Maharaja of Cooch Behar by Maharaja Manindra Chandra Nundy for recovery of possession of four plots of land which are said to appertain to his zamindari Pergannah Baharband situated within the jurisdiction of the Subordinate Judge." As the certificate is worded in this form it will probably be safer for the Plaintiff to file a fresh suit in the Court of the Subordinate Judge of Rungpur.
We accordingly make the Rule absolute, set aside the order of the Subordinate Judge deciding the 8th issue in favour of the Plaintiff, and send back the case to the lower Court: so that the Plaintiff may apply to that Court for leave to withdraw the plaint with liberty to bring a fresh suit on the same cause of action and on the new certificate. Each party will bear his own costs of this Rule.