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Ramanuja Ayyangar and ors. Vs. Narayana Ayyangar and ors. - Court Judgment

LegalCrystal Citation
SubjectLimitation;Civil
CourtChennai
Decided On
Judge
Reported in(1895)ILR18Mad374
AppellantRamanuja Ayyangar and ors.
RespondentNarayana Ayyangar and ors.
Cases ReferredGopal Ramchandra v. Gangaram Anandishet I.L.R.
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.
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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