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M. Ramachandra Rao Vs. the Secretary of State for India in Council Represented by the Collector of Godvari - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1916)ILR39Mad808
AppellantM. Ramachandra Rao
RespondentThe Secretary of State for India in Council Represented by the Collector of Godvari
Cases Referred and Ramakrishna Patter v. Narayana Patter
Excerpt:
madras village courts act (i of 1889), section 24 - order of deputy collector debarring one from appearing as vakil for parties in village courts, ultra vires--specific relief act (i of 1877), section 42--suit for declaration of invalidity of order, maintainability of. - - 1. we are not satisfied that the suit is covered by section 42 of the specific belief act; it is no doubt desirable that bad characters should be prevented from practising in village courts and the act may need amendment, but as it stands the order is undoubtedly illegal and in our opinion the district munsif exercised a correct discretion in granting the declaration sued for......plaintiff from practising in any of the village courts of that division. under section 24 of the madras village courts act any person holding j. a vakalatnama from a party may appear and plead in a village court and there is no provision in the act for debarring any one from this privilege.3. mr. k.s. krishnaswami ayyangar who appears for the government pleader is unable to support the legality of the order. whatever general powers of supervision can be inferred from the power of appointment, suspension and removal of village munsifs conferred by sections 7 and 8 of the madras village courts act it cannot be held to extend to the passing of an order of this description. it is no doubt desirable that bad characters should be prevented from practising in village courts and the act may.....
Judgment:

Ayling, J.

1. We are not satisfied that the suit is covered by Section 42 of the Specific Belief Act; but it does not follow that it is not maintainable: vide, Robert Fisher v. The Secretary of State for India in Council (1899) 22 Mad. 220 and Ramakrishna Patter v. Narayana Patter : (1914)27MLJ634 . We can see no reason for holding that the present suit does not lie.

2. The order in question is passed by the Deputy Collector in charge of the Cocanada Sub-division and debars plaintiff from practising in any of the village courts of that division. Under Section 24 of the Madras Village Courts Act any person holding j. a vakalatnama from a party may appear and plead in a village court and there is no provision in the Act for debarring any one from this privilege.

3. Mr. K.S. Krishnaswami Ayyangar who appears for the Government Pleader is unable to support the legality of the order. Whatever general powers of supervision can be inferred from the power of appointment, suspension and removal of village munsifs conferred by Sections 7 and 8 of the Madras Village Courts Act it cannot be held to extend to the passing of an order of this description. It is no doubt desirable that bad characters should be prevented from practising in village courts and the Act may need amendment, but as it stands the order is undoubtedly illegal and in our opinion the District Munsif exercised a correct discretion in granting the declaration sued for.

4. We set aside the decree of the lower Appellate Court and restore that of the District Munsif with costs in this and the lower Appellate Court.


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