MALLADI VENCATARAMAYYA Vs. SECRETARY OF STATE FOR INDIA IN COUNCIL, REPRESENTED THE COLLECTOR AND GOVERNMENT AGENT, GODAVARI DISTRICT

JUDGEMENT

(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/s. Secretary of to State for India 31 Ind. Cas. 310 : 39 M. 808 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.