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1915 Supreme(Cal) 104
CALCUTTA HIGH COURT
Sharfuddin, J., Coxe, J.
Ram Sarup Bhagat - Appellant
Versus
Bansi Mandar - Respondent
Decided On : 15-03-1915
Headnote:
Slavery - Bond Enforcement - Civil Procedure Code - Public Policy
Fact of the Case:
The case involves a reference by the Munsif of Banka under Order XLVI, rule 1 of the Civil Procedure Code, regarding the enforceability of a certain bond. The bond binds the executant to daily attendance and manual labor until a certain sum is repaid in a specific month, with overwhelming interest as a penalty for default.
Finding of the Court:
The court finds that the bond is not enforceable at law, as the condition is indistinguishable from slavery and the contract is opposed to public policy.
Issues: Whether the bond in question is enforceable at law.
Ratio Decidendi: The court held that the bond, which binds the executant to daily attendance and manual labor until a certain sum is repaid, with overwhelming interest as a penalty for default, is indistinguishable from slavery and is therefore opposed to public policy and not enforceable.
Final Decision: The bond is not enforceable at law.
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.
