Skip to content


Vishnu Vishwanath Vs. Hur Patel and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1888)ILR12Bom499
AppellantVishnu Vishwanath
RespondentHur Patel and ors.
Excerpt:
civil procedure code (act xiv of 1882), section 257a - decree--havala or undertaking by a third party to pay decreed debt for the judgment-debtor--agreement incorporating the havala, in substitution of the decree, capable of execution at the date of the agreement--suit on such agreement. - nanabhai haridas, j.1. the havala mentioned by the district judge was an agreement such as is contemplated in paragraph 1, section 257a, civil procedure code, and, as such, void on account of want of sanction by the court which had passed the decree.2. if the bond sued upon be regarded as one in consideration of the havala, there was no consideration for it; the havala itself was void for the reason above mentioned.3. if it be regarded as an agreement for the satisfaction of the decree, it comes under paragraph 2, section 257a of the code, and is void for want of the court's sanction.4. for these reasons, we consider the whole bond to be void.
Judgment:

Nanabhai Haridas, J.

1. The havala mentioned by the District Judge was an agreement such as is contemplated in paragraph 1, Section 257A, Civil Procedure Code, and, as such, void on account of want of sanction by the Court which had passed the decree.

2. If the bond sued upon be regarded as one in consideration of the havala, there was no consideration for it; the havala itself was void for the reason above mentioned.

3. If it be regarded as an agreement for the satisfaction of the decree, it comes under paragraph 2, Section 257A of the Code, and is void for want of the Court's sanction.

4. For these reasons, we consider the whole bond to be void.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //