High CourtsDivision Bench(1915) 11 MAD CK 0080

Davuluru Vijaya Ramayya vs Davuluru Venkatasubba Rao and Others

Madras High Court · Decided on 16 November 1915 · Citation: 32 Ind. Cas. 881

HON’BLE JUDGES
William Ayling, J · Tyabji, J

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Judgment

3 paragraphs · 144 words
1.

It is now stated to us that the minors elect to avoid the decree in Original Suit No. 416 of 1905, and we declare that the decree is of no effect. The trial of that suit will no doubt proceed if a proper application is made to the proper Court, though we cannot make any order as to that in the present appeal.

2.

We set aside the decree of the lower Court so far as the 1st defendant is ordered to put the plaintiffs into possession.

3.

We have heard the Vakils on the question of costs. In our opinion the suit has resulted from errors in procedure for which we cannot hold one side to be more at fault than the other. The most proper course seems to us to order each side to bear his or her own costs throughout.