1888 (1) TMI 2

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... paper-book. 2. It appears that in Falgoon 1288 the defendant executed a bond for Rs. 801 in favour of the plaintiff. The money was to be repaid in Magh 1289. From the date of the bond up to the date fixed for repayment of the money interest was to be paid at eighteen per cent, per annum. If the money was not paid on the date it was covenanted to repay it, namely, Magh 1289, then interest upon the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... mentioned, namely, Rs. 1,473. 3. The Subordinate Judge gave the plaintiff a decree for the whole amount claimed by him. 4. The Additional District Judge on appeal has modified that decree, and has allowed the plaintiff's claim only to the extent of Rs. 400. The ground upon which the Additional District Judge has proceeded is this; He says in effect, I find that the provisions of Section 62 of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t need not be performed. As I pointed out in the course of the argument, the law on this matter is laid down in the well-known and universally accepted text-book, Bullen and Leake's Pleadings, 3rd edition, page 673. It is said there: It is competent to the parties to a contract at any time before breach of it by a new contract to add to, subtract from, or vary the terms of it, or altogether to .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... pointed out, in the case of Foakes v. Beer L.R. 9 App. Cas. 605 that for the last pretty nearly three hundred years it has been the law in England that if A owes B five thousand rupees, and B consents to take two thousand rupees in payment of the debt, that is what is called in law nudum factum, and that B after taking the two thousand rupees can subsequently bring his action for the unpaid three .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ond. The question is, what were the rights of the parties under these circumstances? It seems to us perfectly clear that the parties were relegated to their rights and liabilities under the original contract, and that the plaintiff, upon breach by the defendant of the terms which he had made, and upon the non-performance by him of the satisfaction which he had promised to give, was relegated to hi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X