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Unde Rajaha Raja Sri Raja Velugoti Sree Raja Gopala Krishna Yachendruluvaru Bahadur Panchahazar Munsubdar Rajah of Venkatagiri Vs. Bamminenni Venkatasubba Naidu and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.763a
AppellantUnde Rajaha Raja Sri Raja Velugoti Sree Raja Gopala Krishna Yachendruluvaru Bahadur Panchahazar Muns
RespondentBamminenni Venkatasubba Naidu and ors.
Cases ReferredSee Davis v. Chandasami Mudali
Excerpt:
contract act (ix of 1872), section 63 - remission--suit for remitted sum, whether maintainable. - munro, j.1. there is no ground taken that the fact of the remission was not communicated to the defendants. plaintiff's own document exhibit d, shows that the remission was communicated to the defendants and accepted by them. under section 63 of the indian contract act the remission by the plaintiff does not require to be supported by consideration. see davis v. chandasami mudali 19 mk. 398 and i do not think that after the remission had been communicated to the defendants and accepted by them the plaintiff can claim the amount remitted. the petition is dismissed with costs save in civil revision petition no. 14 where there will be no costs.
Judgment:

Munro, J.

1. There is no ground taken that the fact of the remission was not communicated to the defendants. Plaintiff's own document Exhibit D, shows that the remission was communicated to the defendants and accepted by them. Under Section 63 of the Indian Contract Act the remission by the plaintiff does not require to be supported by consideration. See Davis v. Chandasami Mudali 19 MK. 398 and I do not think that after the remission had been communicated to the defendants and accepted by them the plaintiff can claim the amount remitted. The petition is dismissed with costs save in Civil Revision Petition No. 14 where there will be no costs.


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