M.H.BEG, P.K.GOSWAMI, V.R.KRISHNA IYER
Firm Of Pratapchand Nopaji – Appellant
Versus
Firm Of Kotrike Venkata Setty And Sons – Respondent
Judgment
BEG, J.:- The three consolidated appeals before us by grant of special leave are directed against a common, Judgment of the High Court of Andhra Pradesh, by which the plaintiff s appeals in three suits, filed on similar facts were dismissed. They can be decided by us on the question whether the contracts set up by the plaintiff appellant were struck by the provisions of Section 23 of the Contract Act. The section reads as follows:
23. The consideration or object of an agreement is lawful, unless it is forbidden by law; or
is of such a nature that, it permitted, it would defeat the provisions of any law; or is fraudulent; or
involves or implies injury to the person or property of another ; or
the Court regards it as immoral, or opposed to public policy.
In each of these cases, the consideration or object an agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful, is void".
The appellant, firm of Pratapchand Nopaji, is the plaintiff in all the three suits, but the defendants of each suit the respondents before us, are different. The plaintiff claimed Rs. 78.201/15 ans, in original suit No. 106 of 1954, Rs,13,978/4 ans, in original suit N
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