Sheo Nath Prasad vs Sarjoo Nonia And Anr. on 12 March, 1943
44. His opinion was that the payment of the amount by the plaintiff to the defendant at the latter's request was a lawful act not in-tended to be done gratuitously by the plaintiff and, therefore, the defendant was bound to make compensation to the plaintiff in respect of the payment. With all respect to the Hon'ble Judge, I must hold that Section 70 does not contemplate the case of payment of money and it will be doing violence to the language of the section to hold that the words 'lawfully does anything' mean payment of money. Sulaiman and Kendall JJ. also applied Section 70, Contract Act, in Kundan Lal v. Bhikari Das ('29) 16 A.I.R. 1929 All. 254 at p. 539. There was no discussion on the section and the learned Judges contented themselves by making the following remarks: