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Davuluru Vijaya Ramayya Vs. Davuluru Venkatasubba Rao and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in32Ind.Cas.881
AppellantDavuluru Vijaya Ramayya
RespondentDavuluru Venkatasubba Rao and ors.
Excerpt:
civil procedure code (act v of 1908), order xxxii, rule 7, schedule ii, para. 1 - agreement to refer to arbitration on behalf of minor when valid--decree passed in accordance with award, scope of--suit for partition--consent decree passed on appeal by father of minor parties--leave of court not obtained--minor, whether entitled to avoid decree. - 1. it is now stated to us that the minors elect to avoid the decree in original suit no. 416 of 1905, and we declare that the decree is of no effect. the trial of that suit will no doubt proceed if a proper application is made to the proper court, though we cannot make any order as to that in the present appeal.2. we set aside the decree of the lower court so far as the 1st defendant is ordered to put the plaintiffs into possession.3. we have heard the vakils on the question of costs. in our opinion the suit has resulted from errors in procedure for which we cannot hold one side to be more at fault than the other. the most proper course seems to us to order each side to bear his or her own costs throughout.
Judgment:

1. It is now stated to us that the minors elect to avoid the decree in Original Suit No. 416 of 1905, and we declare that the decree is of no effect. The trial of that suit will no doubt proceed if a proper application is made to the proper Court, though we cannot make any order as to that in the present appeal.

2. We set aside the decree of the lower Court so far as the 1st defendant is ordered to put the plaintiffs into possession.

3. We have heard the Vakils on the question of costs. In our opinion the suit has resulted from errors in procedure for which we cannot hold one side to be more at fault than the other. The most proper course seems to us to order each side to bear his or her own costs throughout.


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