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1 - 2 of 2 (0.51 seconds)Chhunna Mal Ram Nath vs Mool Chand Ram Bhagat on 13 February, 1928
Our view is borne out by a derision of the; Privy Council in Chunna Mal Rani Nath v. Mool-chand Ram Bhagat, 55 Ind App 154 : (AIR 1928: PC 99) where it was pointed out by Lord Atkinson that under Section 63 of the Indian Contract Act a promisee can effectually dispense with performance of a contract in whole or in part, without either an agreement by the promisor, or consideration for the dispeasation. It follows, therefore, that the plaintiff was not entitled to a decree for damages) for the breach of the contract and the view taken by the learned Additional District Judge of Dar-bhanga is correct and the suit brought by the plaintiff must be dismissed with costs throughout.
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