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Hari Kamayya Vs. Ayyagari Somayya and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.217
AppellantHari Kamayya
RespondentAyyagari Somayya and anr.
Cases ReferredKulaihada Villay v. Visioanatha Pillay
Excerpt:
appeal - dismissal of suit as against one of the defendants--appeal by the defendant against whom suit was decreed--competency of appellate court to pass decree against other defendant--practice. - 1. the suit was dismissed in the first court as against the 1st defendant. there was no appeal or memorandum of objections put in against this by the plaintiff and the district judge was wrong in passing a decree against the 1st defendant on the 2nd defendant's appeal ; kulaihada villay v. visioanatha pillay 28 m. 229 : 15 m.l.j. 2122. as regards the 2nd defendant, he has rightly been made liable as the plaintiff's indorser.3. we must set aside the decree of the lower appellate court and restore that of the district munsif with costs here and in the lower appellate court payable by the plaintiff.
Judgment:

1. The suit was dismissed in the first Court as against the 1st defendant. There was no appeal or memorandum of objections put in against this by the plaintiff and the District Judge was wrong in passing a decree against the 1st defendant on the 2nd defendant's appeal ; Kulaihada Villay v. Visioanatha Pillay 28 M. 229 : 15 M.L.J. 212

2. As regards the 2nd defendant, he has rightly been made liable as the plaintiff's indorser.

3. We must set aside the decree of the lower appellate Court and restore that of the District Munsif with costs here and in the lower appellate Court payable by the plaintiff.


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