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Davlatsing Valad Dayaram Vs. Pandu Valad Chandrabhu and Two ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1885)ILR9Bom176
AppellantDavlatsing Valad Dayaram
RespondentPandu Valad Chandrabhu and Two ors.
Excerpt:
civil procedure code, act xiv of 1882, section 257 - agreement--judg-ment-debt--sanction of court--contract void--principal surety. - charles sargent, c.j.1. the agreement, so far as it operates in satisfaction of the judgment-debt obtained in suit no. 847 of 1881, is void as regards chandrabhau under section 257a of the code of civil procedure, interest, which was not allowed by the decree having been added to the amount of the said debt. this would not invalidate the rest of the agreement if the part which is void could be properly separated from it. the parties, however, have treated the two debts as a lump sum, and under these circumstances we think the contract must be regarded as an integral one. the agreement being void, the action against the present defendants, who are only sureties, also fails.'
Judgment:

Charles Sargent, C.J.

1. The agreement, so far as it operates in satisfaction of the judgment-debt obtained in Suit No. 847 of 1881, is void as regards Chandrabhau under Section 257A of the Code of Civil Procedure, interest, which was not allowed by the decree having been added to the amount of the said debt. This would not invalidate the rest of the agreement if the part which is void could be properly separated from it. The parties, however, have treated the two debts as a lump sum, and under these circumstances we think the contract must be regarded as an integral one. The agreement being void, the action against the present defendants, who are only sureties, also fails.'


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