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Malladi Vencataramayya Vs. the Secretary of State for India in Council, Represented the Collector and Government Agent, Godavari District - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in65Ind.Cas.345
AppellantMalladi Vencataramayya
RespondentThe Secretary of State for India in Council, Represented the Collector and Government Agent, Godavar
Cases ReferredRamachandra Rao v. Secretary of
Excerpt:
godavari agency rules, rule iii, clauses (2) and (3), agent acting under, decree of - suit to set aside, whether maintainable. - .....does not apply to the facts of this case.3. the appeal fails and is dismissed with.....
Judgment:

1. The Agent when acting under Clause 2 and 3 of Rule 10 of Godavari Agency Rules acted as a Court and no suit lies against a Court for what it does as such Court.

2. Ramachandra Rao v. Secretary of to State for India 31 Ind. Cas. 310 was a decision which dealt with a suit for a declaration that the act of a Deputy Collector, who, in excess of his powers, debarred a person from being appointed under Section 24 of Act I of 1880 (The Madras Village Courts Act) to appear for a party in a Village Munsifs Court was void. There the Deputy 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.

3. The appeal fails and is dismissed With costs.


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