SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1936 Supreme(Mad) 283

CORNISH
Pulavarti Satyam – Appellant
Versus
Kunchibhotla Satyanarayana – Respondent


JUDGMENT

Cornish, J.

1. The plaintiff sued to recover a sum of Rs. 2,000 in the following circumstances. This sum was paid into Court as due to the plaintiff who was then a minor represented by the guardian, the fifth defendant. The first defendant gave a bond for the amount, hypothecating immovable property as security, and undertaking that this money should be paid to the plaintiff by the guardian in due course. Plaintiff having reached his majority, and the money, as he alleged, not having been paid over to him by the guardian, has brought a suit to enforce the bond which had been duly assigned to him by the District Munsif of Rajahmundry. The second defendant, who is the appellant, is the subsequent alienee of the property hypothecated by the first defendant. He has objected that the suit is not maintainable.

2. The first question to be decided is whether this bond carried a personal liability on the part of the first defendant. In my opinion, the language of the bond shows clearly that it did. The bond having been given in pursuance of an order made under Order 32, Rule 6 of the Civil Procedure Code, a suit is the proper means of enforcing it. A bond given under this rule being f




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top