Beyatrees Antony v. a.K.Mani
Case brief
What is this about?
In a second appeal regarding a money recovery suit, the High Court held that the first appellate Court erred in holding liable the legal representatives of a defendant (D2) where there was no privity of contract between them and the plaintiff. The Court set aside the portion of the decree imposing liability on D2 and upheld the first appellate Court's decision regarding the third-party surety's li
What did the court decide?
The portion of the first appellate Court's judgment holding legal representatives of D2 liable was set aside. The second appeal was allowed to that extent.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:02.02.2011
Coram:
THE HONOURABLE MR.JUSTICE G.RAJASURIA
S.A.No.727 of 2009
1.Beyatrees Antony 2.Sonia ... Appellants/Respondents 2 & 3
(Defendants 4 & 5)
vs. 1.A.K.Mani 2.Prasad Colour Laboratory, 3.Mrs.T.C.Rosy 4.Santhosh 5.M/s.Ruby ... Respondents/Appellant & Respondents 1, 4 to 6 (Plaintiff and Defendants 3, 6 to 8)
This second appeal is filed against the judgement and decree dated 18.2.2009 in AS.199/08, passed by the VI Additional Judge, City Civil Court, Chennai, reversing the judgement and decree dated 14.8.2007 passed by the XI Asst Judge, City Civil Court, Chennai (in-charge) of XVII Asst City Civil Court, Chennai in O.S.No.459 of 2002.
For Appellants : M/s.Ashok Menon For Respondents : M/s.Auxillapeter for R1 R2 to R5 - given up
JUDGMENT
Issues for consideration
3 issues framed by the court
Whether the first appellate Court was justified in reversing the trial Court's finding that there was no privity of contract between the plaintiff and D2.
Whether the security furnished by V.K. Ramesh could be utilized to recover the decree debt against D1 and his legal heirs despite D2 being exonerated.
Whether Ramesh can claim exemption from liability to discharge the decree debt since D2 was exonerated from the suit.
Parties & counsel
- appellant
LRs of D2
- respondent
A.K. Mani
- respondent
Prasad Colour Laboratory
- respondent
Mrs. T.C. Rosy
- respondent
Santhosh
- other
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court