1911 Supreme(Mad) 69

IN THE HIGH COURT OF MADRAS
Munro, J.
Unde Rajaha Raja Sri Raja Velugoti Sree Raja Gopala Krishna Yachendruluvaru Bahadur Panchahazar Munsubdar Rajah of Venkatagiri
Versus
Bamminenni Venkatasubba Naidu and Ors.
Decided On : 02.02.1911

Once a remission is communicated to the defendants and accepted by them, the plaintiff cannot claim the amount remitted, as per Section 63 of the Indian Contract Act.

Headnote:

Remission - Communication of Remission - Section 63 of the Indian Contract Act

Fact of the Case:

The fact of the remission was communicated to the defendants and accepted by them, as evidenced by plaintiff's own document Exhibit D.

Finding of the Court:

The court found that under Section 63 of the Indian Contract Act, the remission by the plaintiff does not require to be supported by consideration. After the remission had been communicated to the defendants and accepted by them, the plaintiff cannot claim the amount remitted.

Issues: The communication and acceptance of the remission, and the plaintiff's claim for the amount remitted.

Ratio Decidendi: The court applied Section 63 of the Indian Contract Act to determine that the remission, once communicated and accepted, cannot be claimed back by the plaintiff.

Final Decision: The petition was dismissed with costs, except in Civil Revision Petition No. 14 where there will be no costs.