Yella Chetti Vs. Munisami Reddi

Yella Chetti vs Munisami Reddi

Type Court Judgment Court Chennai Decided Nov 10, 1882

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Citation: sooperkanoon.com/786010
Court: Chennai
Judge: Innes and ;Kernan, JJ.
Decided On: Nov 10, 1882
Subject: Civil

Case Summary

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

Civil Procedure Code, 1877, Section 257(a) not applicable to guarantee to indemnify surety who pays judgment-debt. -

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Yella Chetti

Respondent

Munisami Reddi

Legal References

Reported In: (1883)ILR6Mad101

Excerpt

civil procedure code, 1877, section 257(a) not applicable to guarantee to indemnify surety who pays judgment-debt. - innes and kernan, jj.1. section 257(a) applies only as between the parties to the suit-and decree.2. there seems to be nothing in that section to affect the legality of a guarantee such as that out of which plaintiff's suit arises, and in which he sues to recover from defendant a sum that in pursuance of the terms of that guarantee he has been made to pay on defendant's account.3. we set aside the decree of the district court and restore that of the district munsif, with costs of this and the lower appellate court.

Full Judgment

Innes and Kernan, JJ.

1. Section 257(a) applies only as between the parties to the suit-and decree.

2. There seems to be nothing in that section to affect the legality of a guarantee such as that out of which plaintiff's suit arises, and in which he sues to recover from defendant a sum that in pursuance of the terms of that guarantee he has been made to pay on defendant's account.

3. We set aside the decree of the District Court and restore that of the District Munsif, with costs of this and the Lower Appellate Court.

Same Parties Yella Chetti vs Munisami Reddi Same Subject Civil Same Judge Innes and ;Kernan, JJ.

Civil