N.Chandrababu v. Abdul Salam
Case brief
What is this about?
Second appeal set aside decrees of lower courts as perverse for holding transaction was a loan despite failure to frame issues and record evidence, remitting case for fresh trial.
What did the court decide?
Decree and judgment of lower courts set aside. Matter remitted to trial court for fresh trial. Defendant to file written statement within two weeks; trial to conclude within six months.
What the court decided
S.A.No.717 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2024
CORAM
THE HONOURABLE MRS. JUSTICE R.HEMALATHA S.A.No. 717 of 2019
N. Chandrababu Son of Late Narayanaswamy Gounder, No.180, Othavadai Street, Kammavanpettai Village, Kammasamuthiram Madura, Vellore Taluk, Vellore District.
.....Appellant
vs
Abdul Salam Son of Abdulla Sahib, Pillayar Koil Street, Kammavanpettai Village, Kammasamuthiram Madura, Vellore Taluk, Vellore District. .... Respondent
Prayer : Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 02.03.2019 passed in A.S. No.28 of 2018, on the file of the Additional District Court (Fast Track Court), Vellore, upholding the decree and judgment dated 05.02.2018 passed in O.S.No.30 of 2013, on the file of the Principal Subordinate Court, Vellore.
Page 1 of 8
Issues for consideration
1 issue framed by the court
Whether the transactions between parties constituted a loan or a sale?
Parties & counsel
- appellant
N. Chandrababu
- respondent
Abdul Salam
Coram
R. Hemalatha
Case details
As recorded by the court registry
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