Skip to content


Orr and anr. Vs. Neelamegam Pillai and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1895)ILR18Mad395
AppellantOrr and anr.
RespondentNeelamegam Pillai and ors.
Excerpt:
provincial small cause courts act - act ix of 1887, scheduled ii, article 3--karnam in a zamindari--officer of government. - - 2. we are clearly of opinion that the karnam in question is not an officer of government, and that article 3 is no bar to the suit in the small cause court.1. the question is whether a karnam in a settled zamindari is an 'officer of government' within the meaning of article 3 of schedule ii of the small cause courts act ix of 1887. the subordinate judge appears to have considered that the phrase 'officer of government' is synonymous with 'public servant.' officers of government are, no doubt, public servants, but every public servant is not an officer of government. this is clear from the article itself in which the court of wards is expressly mentioned, indicating that otherwise it would not come within the article.2. we are clearly of opinion that the karnam in question is not an officer of government, and that article 3 is no bar to the suit in the small cause court.
Judgment:

1. The question is whether a karnam in a settled zamindari is an 'officer of Government' within the meaning of Article 3 of Schedule II of the Small Cause Courts Act IX of 1887. The Subordinate Judge appears to have considered that the phrase 'officer of Government' is synonymous with 'public servant.' Officers of Government are, no doubt, public servants, but every public servant is not an officer of Government. This is clear from the Article itself in which the Court of Wards is expressly mentioned, indicating that otherwise it would not come within the Article.

2. We are clearly of opinion that the karnam in question is not an officer of Government, and that Article 3 is no bar to the suit in the Small Cause Court.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //