MALLADI VENKATRAMAYYA Vs. SECRETARY OF STATE FOR INDIA IN COUNCIL REPRESENTED BY THE COLLECTOR AND GOVERNMENT AGENT

JUDGEMENT

(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/s. Secretary of State for India (1915) I.L.R. 39 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.