Skip to content


Yella Chetti Vs. Munisami Reddi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad101
AppellantYella Chetti
RespondentMunisami Reddi
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.
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.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //