Chennai Court January 1913 Judgments
Anantha Lakshmi Ammall Vs. Kunnanchankarath Sankaran Nair
Court: Chennai
Decided on: Jan-03-1913
Reported in: 18Ind.Cas.579
1. This case arises out of an application presented under Order XXI, Rule 89 of the Civil Procedure Code to set aside an execution sale of certain immoveable property, by a person who purchased the property from the judgment-debtor after the auction sale. The auction-purchaser contested the application on the ground that the applicant was not a person entitled to make the application and that she did not pay into Court, before the expiration of 30 days from the date of sale, the deposit of 5 per cent, on the purchase-money, and to the decree-holder the amount due to him under the decree. The District Munsif set aside the sale; but on appeal, the Subordinate Judge reversed his order, holding that a purchaser from the judgment-debtor subsequent to auction-sale is not one entitled to apply under the rule in question. He also made some observations calculated to throw doubt on the fact of the applicant's payment of 5 per cent, of the purchase-money into Court and of the decree amount to th...
Tag this Judgment!Venkatesaperumal Chetty Vs. S. Parthasarathy Iyengar
Court: Chennai
Decided on: Jan-02-1913
Reported in: 18Ind.Cas.986
Wallis, J.1. In this case, the plaintiff sues to recover damages for breach of contract by the defendant to sell to the plaintiff 25 cases of artificial synthetic camphor. The cases were taken delivery of by the plaintiff and he alleges that the goods were not according to sample and that he has been damnified accordingly.2. Two issues have been raised--'Were the goods delivered to the plaintiff not according to sample' and 'are the plaintiffs disentitled from claiming compensation under Clause 12 of the contract?' As to the first point, I think there cannot be any doubt at all that the goods were not according to sample.3. Now the next question, which arises is whether the defendant is protected by Clause 12 of his contract with the plaintiff. That clause is very unfortunately expressed. A great many words would appear to have been added to it without much regard to what they mean or what effect they were likely to have so that it is not possible to give any definite meaning to a good...
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