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Ram Sarup Bhagat Vs. Bansi Mandar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1915)ILR42Cal742
AppellantRam Sarup Bhagat
RespondentBansi Mandar
Excerpt:
bond - slanery bond--public policy--overwhelming interest. - sharfuddin and coxe, j.j.1. this is a reference by the munsif of banka, under order xl vi, rule i of the civil procedure code, for a decision whether a certain bond is enforceable at law. it appears to us that it is not so enforceable. it binds down the executant to daily attendance and manual labour until a certain sum is repaid in a certain month and penalises defanlt with overwhelming interest. it is remarkable that the suit, which is brought on this bond, is not contested, and this, in the munsif's opinion, is probably due to the fact that the executor is too poor to defend himself. such a condition is indistinguishable from slavery, and such a contract is, in our opinion, opposed to public policy and not enforceable.
Judgment:

Sharfuddin and Coxe, J.J.

1. This is a reference by the Munsif of Banka, under Order XL VI, rule I of the Civil procedure Code, for a decision whether a certain bond is enforceable at law. It appears to us that it is not so enforceable. It binds down the executant to daily attendance and manual labour until a certain sum is repaid in a certain month and penalises defanlt with overwhelming interest. It is remarkable that the suit, which is brought on this bond, is not contested, and this, in the Munsif's opinion, is probably due to the fact that the executor is too poor to defend himself. Such a condition is indistinguishable from slavery, and such a contract is, in our opinion, opposed to public policy and not enforceable.


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