9911796707
|
Home
Issues:
1. Validity of the settlement agreement reached between the parties. 2. Effect of the promissory notes given as part of the settlement. 3. Interpretation of the Ceylon Civil Procedure Act regarding the scope of claims in an action. Analysis: Issue 1: The Respondent, a money-lender, and the Appellants, involved in a partnership, had disputes settled by two arbitrators through a receipt agreement. The agreement acknowledged a sum due and specified payment terms. The court deemed this as an "Accord and Satisfaction by a Substituted Agreement," extinguishing prior rights of the parties in favor of the new agreement. The agreement was binding, despite an irregularity in interest rate insertion. Issue 2: The Respondent initiated an action based on two unpaid sums from the settlement agreement, which the Appellants argued were discharged by promissory notes. The District Judge and Supreme Court differed on whether the promissory notes constituted absolute payment or conditional discharge. The Privy Council held that the promissory notes were a mode of payment, and the substance of the award remained valid. The Respondent was entitled to the unpaid balance as per the agreement. Issue 3: The Appellants raised a defense based on the Ceylon Civil Procedure Act, claiming the Respondent's action was barred. The Act required inclusion of the whole claim in an action. The Privy Council clarified that the Act aimed at exhausting relief for a cause of action, not combining different causes. The claim for the unpaid balance was deemed part of the original award, allowing recovery, but precluding a fresh action for the remaining amount. The Appeal was dismissed without costs. This judgment clarifies the legal principles governing settlement agreements, the effect of promissory notes in such agreements, and the interpretation of procedural rules regarding claims in civil actions.
|
