High CourtsDivision Bench(1895) 02 MAD CK 0002

Orr and Another vs Neelamegam Pillai and Others

Madras High Court · Decided on 25 February 1895 · Citation: (1895) ILR (Mad) 395

HON’BLE JUDGES
Subramania Ayyar, J · Best, J

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Judgment

6 paragraphs · 128 words
1.

The question is whether a karnam in a settled zamindari is an ""officer of Government"" within the meaning of Article 3 of Schedule II of the Small

Cause Courts Act IX of 1887. The Subordinate Judge appears to have considered that the phrase ""officer of Government"" is synonymous with

public servant."" Officers of Government are, no doubt, public servants, but every public servant is not an officer of Government. This is clear from

the Article itself in which the Court of Wards is expressly mentioned, indicating that otherwise it would not come within the Article.

2.

We are clearly of opinion that the karnam in question is not an officer of Government, and that Article 3 is no bar to the suit in the Small Cause

Court.