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Chunder Caunt Mookerjee Vs. Jodoonath Khan and anr. - Court Judgment

LegalCrystal Citation
SubjectContract
CourtKolkata
Decided On
Judge
AppellantChunder Caunt Mookerjee
RespondentJodoonath Khan and anr.
Excerpt:
costs - tender--difference between a tender made on account of separable claims and one made on reference to part of a single inseparable claim--what is not an unconditional tender. - richard garth, c.j.1. as regards the last point urged upon us, which only affects the question of costs, we think that the tender of the rs. 1,043-5 was made in such a way, that the plaintiffs could not accept the sum tendered without giving up the remainder of their claim.2. an offer of that kind to pay a portion of the dobt in discharge of the whole is not a legal tender of the part only; and this case, therefore, does not come within the principle of the authorities which have been cited to us by mr. bell.3. if the money had been tendered unconditionally, it might have been otherwise.
Judgment:

Richard Garth, C.J.

1. As regards the last point urged upon us, which only affects the question of costs, we think that the tender of the Rs. 1,043-5 was made in such a way, that the plaintiffs could not accept the sum tendered without giving up the remainder of their claim.

2. An offer of that kind to pay a portion of the dobt in discharge of the whole is not a legal tender of the part only; and this case, therefore, does not come within the principle of the authorities which have been cited to us by Mr. Bell.

3. If the money had been tendered unconditionally, it might have been otherwise.


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