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Gopireddi Pedda Pulla Reddi and anr. Vs. Keruva Chinna Mahanandi Reddi and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1896)6MLJ613
AppellantGopireddi Pedda Pulla Reddi and anr.
RespondentKeruva Chinna Mahanandi Reddi and anr.
Cases Referred and Muhammad Newas.Khan v. Alain Khan I.L.R.
Excerpt:
- - 1. the district judge is clearly in error in supposing that no suit will lie upon an award.1. the district judge is clearly in error in supposing that no suit will lie upon an award. section 525, civil procedure code only provides that a party may apply to the court to have an toward filed. this is no bar to his right to sue upon the award ; and if the award cannot be produced, secondary evidence of its contents will be admissible on proof of its loss.2. we must therefore set aside the order and direct the judge to entertain the plaint. the costs will be provided for in the reverse judgment.note--hill v. townsend, taunton, 45 and muhammad newas.khan v. alain khan i.l.r. 18 o.c. 414.
Judgment:

1. The District judge is clearly in error in supposing that no suit will lie upon an award. Section 525, Civil Procedure Code only provides that a party may apply to the court to have an toward filed. This is no bar to his right to sue upon the award ; and if the award cannot be produced, secondary evidence of its contents will be admissible on proof of its loss.

2. We must therefore set aside the order and direct the judge to entertain the plaint. The costs will be provided for in the reverse judgment.

Note--Hill v. Townsend, Taunton, 45 and Muhammad Newas.Khan v. Alain Khan I.L.R. 18 O.C. 414.


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