1913 Present: Lascelles C.J. and Wood Renton J.

ABARAN APPU v. BANDA.

327-D. C. Kandy, 21,461

Civil Procedure Code, s. 461-Action against arachchi for malicious prosecution-No notice of action given-Public officer-" Act purporting to be done by him in his official capacity"

A public officer who does an act maliciously in the pretended exercise of his authority cannot be said to be " purporting to act" as a public officer, and is therefore not entitled to notice of action.

Where the defendant, an arachchi, maliciously and in order to satisfy a private grudge, brought a false charge against the plaintiff,- Held, that plaintiff was entitled to sue the defendant for damages without notice of action in terms of section 461 of the Civil Procedure Code.

THE facts appear from the judgment.

H. A. Jayewardene, for the defendant, appellant--The plaintiff should have give notice of action to defendant before he brought this action. Civil Procedure Code, section 461. " Purporting " in section 461 means " pretending." It does not matter whether the defendant acted actually, in his official capacity. If he pretended to act in his official capaci