High Courts(1921) 09 MAD CK 0009

Malladi Venkatramayya vs The Secretary of State for India in Council

Madras High Court · Decided on 22 September 1921 · Citation: AIR 1922 Mad 1(1) : (1922) 15 LW 236 : (1922) 42 MLJ 148

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Judgment

7 paragraphs · 154 words
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 ILR (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 u/s 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 u/s 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.