UNDER SECTION 23, INDIAN CONTRACT ACT, 1872
BENCH: Mohapatra, (J), Das (J)
- The present defendant-appellant is the maternal uncle of plaintiff No. 2. Plaintiff's version is that plaintiff No. 2 being an orphan was given shelter by her maternal uncle, the present appellant and his father, the deceased deft. No. 1
- They gave her in marriage but very unfortunately she became a widow shortly after the marriage and relatives of the defendants induced him to marry Syamala, plaintiff No. 2 and came with alluring proposals.
- the father of the present appellant owning considerable landed property executed a will on 16th of March, 1945, bequeathing 1/7th of the share of his land in favour of plff. No. 1.
- the present appellant executed another Will in supersession of the first one where he has made provision of a cash of Rs. 400, only.
ISSUE:
Whether the contract between the parties is hit by section 23 as being immoral and unenforceable by the court
APPELLANT’S SUBMISSIONS:
- That the present suit in any case must be barred by the limitation
RESPONDENT’S SUBMISSIONS:
- That there was inducement on the plaintiff No. 1 to marry plaintiff No. 2, who was a widow by the time.
- The celebration of marriage between the plaintiffs Nos. 1 and 2 is the specified contingency
JUDGEMENT:
The contract which is -sought to be enforced by the present plaintiffs is, therefore, hit by Section 23 of the Indian Contract Act as being immoral and as such it is not enforceable in Court. In conclusion, the appeal succeeded, the Judgments and decrees of the Courts below were set aside, and plaintiff's suit was dismissed with costs throughout.
