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Judgment
Ayling, J.—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 K.P. Ramakrishna Patter Vs. K.P.
Narayana Patter and Another, . We can see no reason for holding that the present suit does not lie.
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. u/s 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.
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.
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.