Section 3 in The Bengal Indigo Contracts Act, 1836
3. Right of suit of person making advances for cultivation or delivery of indigo-plant when breach of contract is induced by third person.
- When a lawful contract shall have been made between a raiyat and another party, by which contract the raiyat shall have bound himself to cultivate indigo-plant for the other party, or to deliver indigo-plants to the other party, and when the party shall have advanced money to the raiyat for the purposes of enabling the raiyat to fulfil such contract, then if any other person, knowing that such contract exists, and that such advance has been made, shall prevail upon the raiyat to break such contract, the party who made the advance shall have so prevailed on the raiyat, as well as against the raiyat, and to recover, and to recover from him or them, jointly or severally damages to the extent of the injury sustained, together with costs of suit:Bar of suit for act done to recover debt or secure performance of lawful contract. - Provided always that nothing in this section contained shall be construed to give a right of action against any person in consequence of any act which that person may have done for the purpose of procuring payment of a debt, or performance of a lawful contract.
