Question

    In a suit instituted against a public officer, he

    is__________
    A Exempted from arrest and appearance in person Correct Answer Incorrect Answer
    B Granted exemption only when suit has been instituted against him for acting in official capacity Correct Answer Incorrect Answer
    C Both a and b Correct Answer Incorrect Answer
    D Not entitled to any exemption. Correct Answer Incorrect Answer

    Solution

    S 81. Exemption from arrest and personal appearance.— In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity— (a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in  execution of a decree, and, (b) where the Court is satisfied that the defendant cannot absent himself from his duty without  detriment to the public service, it shall exempt him from appearing in person..

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