High CourtsDivision Bench

Ram Sarup Bhagat vs Bansi Mandar

Calcutta High Court · Decided on 15 March 1915 · Citation: (1915) ILR (Cal) 742

HON’BLE JUDGES
Sharfuddin, J · Coxe, J
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Judgment

2 paragraphs · 131 words

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.