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
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
The Official Assignee vs Madholal Sindhu on 21 August, 1946
Equivalent citations: (1946)48BOMLR828, AIR
facts, and it was also conceded, that there is no case of novatio in this case.
14. This brings me now to the third contention ... there was no agreement between A and C, nor was there a novatio, but on that very day on which the kabala was executed
given to the judgment-debtor, and there was a new contract and novatio under Section 135 of the Indian Contract Act. The learned Judge only
period from 9-1-1982 till April, 1982 and, therefore, 'Novatio' was pleaded. It was also submitted that the suit was filed with
avail and the court
cannot give effect to it except if the novatio suggested by the
appellant is unreservedly accepted and agreed
24th June, 1974,7th August, 1975 & 13th March,1978. These
constituted novatio from time to time between parties. The last agreement of
13th March
concerned, as we are not dealing with the effect of the subsequent novatio on the land at Vadaj, which originally formed part of the contract
opinion there was no extinction of the old debt and a novatio by which the plaintiff undertook to look to the credit of defendant
