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Gopi Reddi and anr. Vs. Mahanandi Reddi and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1892)ILR15Mad99
AppellantGopi Reddi and anr.
RespondentMahanandi Reddi and anr.
Excerpt:
civil procedure code, section 525 - suit on award maintainable--secondary evidence. - - 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, code of civil procedure, only provides that a party may apply to the court to have an award 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 revised judgment.
Judgment:

1. The District Judge is clearly in error in supposing that no suit will lie upon an award. Section 525, Code of Civil Procedure, only provides that a party may apply to the Court to have an award 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 revised judgment.


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