crores
despite having paid the consideration, the onus to prove novatio and/or
discharge by substitution and/or satisfaction was on the Citi Bank which ... Therefore,
there is no discharge under alleged contract
and there is no Novatio."
Novatio, rescission or alteration of a contract under Section
court
settlement dated 18.1.2000 and stated that as there was a
novatio of the original agreement in law, the original cause of
action pleaded ... before us that the
agreement dated 18.1.2000 would not amount to a novatio of
the original agreement. According to him, the original
agreement continued
Order.,
The pleas, of estoppel an,& novatio, involving as they do
questions of fact, and can only be raised, where relevant-
facts are pleaded ... validity of the appellant's
claim and that there was novatio which made the respondent
liable. The Appeal Court took the view that both
that a partner of a dissolved firm could also effect a ' novatio' by substituting one debtor to the firm for another; and that ... dissolved firm for a partner to create a ' novatio' in respect of a debt owing to the firm. That is not recovering
other hand, contended that when the assessee, on account of the aforesaid novatio brought about by the provisions of the sanctioned scheme ... sufficient consideration. Mr. Patel, therefore, submitted that this was a case of novatio by which new rights were created, old right were extinguished
learned trial Judge has erred in relying upon the principle of novatio. He also submitted that the plaintiff had in fact paid Rs. 25 Lacs ... Judge had erred in coming to the conclusion that there is a novatio between the parties and the original contract dated
decision I have come to on the question whether there was novatio or not for it is conceded by Mr. Mulla for the plaintiff that ... event of the Court holding that there was novatio there is an end of his case.
3. It is true that the plaintiff in Suit
issued by SBI
to DLF for rendering lease assistance to Atul and novatio of the
agreement and thereafter, on April 30, 1996, the agreement ... entered into and it was
also provided that the parties to the novatio of the original three
agreements favouring SBI and as per Clause
bunkers and initiated proceeding to
recover the amounts of cheques, there occurred novatio of contract
and cause on the original contract did not survive ... such
issues. Against the contention of learned advocate Mr. Bhatt on
novatio, learned advocate Mr. Mehta submitted that the principles of
novatio will apply only
bunkers and initiated proceeding to
recover the amounts of cheques, there occurred novatio of contract
and cause on the original contract did not survive ... such
issues. Against the contention of learned advocate Mr. Bhatt on
novatio, learned advocate Mr. Mehta submitted that the principles of
novatio will apply only
