Gopireddi Pedda Pulla Reddi And … vs Keruva Chinna Mahanandi Reddi And … on 2 September, 1891

JUDGMENT

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

Note–Hill v. Townsend, Taunton, 45 and Muhammad Newas.Khan v. Alain Khan I.L.R. 18 O.C. 414.