Sundara Aiyar, J.

1. This second appeal must be disposed of on the objection taken by the defendant, the Secretary of State for India in Council, that the suit is not maintainable as no notice of it was given as required by Section 424 of the old code corresponding to Section 80 of Act V. of 1908. The plaint states that the Board of Revenue passed an illegal order that a certain sum of money not due by the plaintiff to Government should be collected from him and that "on account of the said order the plaintiffs have lost peace of mind and are much troubled." The plaintiffs ask for a decree granting an injunction restraining the 1st defendant, that is the Secretary of State for India in Council or any of his servants from collecting any amount from the plaintiff. The Subordinate Judge held that no notice was required under Section 424, C.P.C. in such a case. The view he took was that the section applied only to suits for damages. This position is in our opinion entirely untenable. Section 424 enacted "No it shall be instituted against the Secretary of State for India in Council or against a public officer in respect of an act purporting to be done by him in his official capac