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Ramanuja Ayyangar and ors. Vs. Narayana Ayyangar and ors.

Ramanuja Ayyangar and ors. vs Narayana Ayyangar and ors.

Type Court Judgment Court Chennai Decided Mar 18, 1895
~1 min read
https://sooperkanoon.com/case/778373

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Citation
Court
Chennai
Judge
Decided On
Subject
Limitation;Civil

Case Summary

AI-generated summary - not the official court judgment text.

Limitation Act - Act XV of 1877, Section 12--Delay in obtaining copies for the purpose of appeal--Res judicata--Champerty--Speculative purchase--Public policy--Contract Act--Act IX of 1872, Section 23. - - 72 that a similar transaction was not bad on the ground of being against public policy.

Key legal issue
Limitation;Civil

Parties & Advocates

Appellant / Petitioner

Ramanuja Ayyangar and ors.

Respondent

Narayana Ayyangar and ors.

Legal References

Cases Referred
Gopal Ramchandra v. Gangaram Anandishet I.L.R.
Reported In
(1895)ILR18Mad374

Excerpt

limitation act - act xv of 1877, section 12--delay in obtaining copies for the purpose of appeal--res judicata--champerty--speculative purchase--public policy--contract act--act ix of 1872, section 23. - - 72 that a similar transaction was not bad on the ground of being against public policy.1. the judge's finding is that the purchase by plaintiff from first defendant was a speculative transaction though not champertous. it has been held by the bombay high court in gopal ramchandra v. gangaram anandishet i.l.r. 14 bom. 72 that a similar transaction was not bad on the ground of being against public policy. following that decision, we set aside the decree of the court below and remand the appeal for disposal according to law.2. the costs in this court will abide and follow the event.

Full Judgment

1. The Judge's finding is that the purchase by plaintiff from first defendant was a speculative transaction though not champertous. It has been held by the Bombay High Court in Gopal Ramchandra v. Gangaram Anandishet I.L.R. 14 Bom. 72 that a similar transaction was not bad on the ground of being against public policy. Following that decision, we set aside the decree of the Court below and remand the appeal for disposal according to law.

2. The costs in this Court will abide and follow the event.

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