Supreme Court · 1994 INSC 570 · Decided 1 December 1994
Amar Chand v. Bhano and ANR.
- Court
- Supreme Court of India
- Citation
- 1994 INSC 570 · [1994] SUPP. 6 S.C.R. 252
- Case number
- CIVIL APPEAL No. 9225/1994
- Decided
- 1 December 1994
- Bench
- K. RAMASWAMY, N. VENKATACHALA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 47, 145
Headnote
Code of Civil Procedure, 1908 : Sections 47, 145 and Order 21: Surety for a certain sum including mesne profits~ompromise between decree-holder and principal judgement debtor without reference to surety- Whether mesne profits could be recovered from the surety-Held: No. The appellant had mesne profits payable by the defendant to the decree-holder. Subsequently the decree holder compromised with the principal judgement debtor and a compromise was recorded without reference to the surety. In this appeal, the appellant raised the question as to whether the amount undertaken by him
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