Supreme Court · 1966 INSC 87 · Decided 25 March 1966

Narandas Mokardas Gaziwala & ORS. v. S. P. AM. Papammal & ANR.

Court
Supreme Court of India
Citation
1966 INSC 87 · [1966] SUPP. 1 S.C.R. 38
Case number
CIVIL APPEAL No. 177/1964
Decided
25 March 1966
Bench
K. SUBBA RAO, V. RAMASWAMI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Evidence Act Section 92; Contract Act Section 213

Headnote

MOKARDAS GAZIWALA It ORS. v. S. P. AM. PAPAMMAL & ANR. March 25, 1966 (K. SUBBA RAO AND V. RAMASWAM!, JJ.J Principal and Agent-Whether Agent can sue Principal for ren· dition of accounts. Indian Evidence Act, 1872, s. 92, Proviso 3-0ral agreement not to enforce promisso711 note till a suit claiming en­ forcement of a promissory note the agent had executed in their favour. The agent pleaded an oral agreement by which the prmeipals were not to enforce the promissory note during the period of the agency and unless the sum remained due and payable after accounting. The

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