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Malladi Venkatramayya Vs. the Secretary of State for India in Council Represented by the Collector and Government Agent - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1922Mad1(1); (1922)42MLJ148
AppellantMalladi Venkatramayya
RespondentThe Secretary of State for India in Council Represented by the Collector and Government Agent
Cases ReferredRamachandra Rao v. Secretary of State
Excerpt:
- .....42 of the specific relief act. the decision does not apply to the facts of this case.2. the appeal fails and is dismissed with.....
Judgment:

1. The agent when acting under Clauses 2 and 3 of Rule III of the Godavery Agency rules acted as a Court and no suit lies against a court for what it does as such court. Ramachandra Rao v. Secretary of State for India I.L.R. (1915) Mad. 808 was a decision which dealt with a suit for a declaration that the act of a Sub Collector who in excess of his powers, debarred a person from being appointed under Section 24 of Act 1 of 1889 (The Madras Village Courts Act) to appear for a party in a village Munsif's Court, was void. There the Sub Collector had no powers either as a Court or otherwise to issue such orders and consequently a suit for a declaration lay under Section 42 of the Specific Relief Act. The decision does not apply to the facts of this case.

2. The appeal fails and is dismissed with costs.


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