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Sashi Bhusan Dutt, Minor by His Next Friend Hridai Nath Mundle Vs. Jadu Nath Dutt - Court Judgment

LegalCrystal Citation
SubjectContract
CourtKolkata
Decided On
Judge
Reported in(1885)ILR11Cal552
AppellantSashi Bhusan Dutt, Minor by His Next Friend Hridai Nath Mundle
RespondentJadu Nath Dutt
Cases ReferredHari Ram v. Jitan Ram
Excerpt:
act ix of 1872, sections 10 and 11 - bond, minority of obligee--voidable contract. - richard garth, c.j. (mcdonell, j., concurring)1. the only point, as we understand, which is referred to us in this case is, whether, having regard to section 10 of the indian contract act, a minor, who is the obligee of a bond given for the value of certain goods, can sue upon it.2. the munsif considers that he cannot, because the bond is void, as having been entered into by a party not competent to contract.3. we think this is a mistake. it is true that the language of the indian contract act may well have led to the mistake; but we consider that the law here is the same as it is in england. a contract entered into with a minor is only voidable at the option of the minor see addison on contracts 3rd edition page 169; hari ram v. jitan ram 3 b.l.r. a.c. 426.
Judgment:

Richard Garth, C.J. (McDonell, J., concurring)

1. The only point, as we understand, which is referred to us in this case is, whether, having regard to Section 10 of the Indian Contract Act, a minor, who is the obligee of a bond given for the value of certain goods, can sue upon it.

2. The Munsif considers that he cannot, because the bond is void, as having been entered into by a party not competent to contract.

3. We think this is a mistake. It is true that the language of the Indian Contract Act may well have led to the mistake; but we consider that the law here is the same as it is in England. A contract entered into with a minor is only voidable at the option of the minor see Addison on Contracts 3rd edition page 169; Hari Ram v. Jitan Ram 3 B.L.R. A.C. 426.


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