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Madras High Court
Yella Chetti vs Munisami Reddi on 10 November, 1882
Equivalent citations: (1883) ILR 6 Mad 101
Author: I A Kernan
Bench: Innes, Kernan

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.


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