plaintiff; the suit is filed within the limitation;
the contract was novated vide letter dated 14.08.1989; the time was not
the essence of the contract ... price. The plaintiff vide letter dated
23.06.1989 ExPW1/D2 had novated the agreement dated 26.11.1988
ExD3. The agreement dated 26.11.1988 ExD3 was again
amount with interest at 9% per annum. This is nothing but a novation of contract. Any purported attempt made by the plaintiff to enforce ... understanding between the parties on 24.1.1994 which is nothing but a novation of contract. A mere pendency of the writ petition will not prevent
been proved besides the contract Ex.C.1 was novated subsequent
change in condition under Ex.R.38. All these facts have been
considered entirely ... Arbitrator considered
the fact that in Ex.C.1 agreement there is novation of contract in
respect of certain conditions of contract and the entire
fresh demand.
18
25. The learned trial judge applied the principle of novation of contract
having regard to the subsequent conduct of the parties
appellants was relatable to lack of readiness, alleged
latches, limited novation.
7. A bare reading of the High Court's judgment shows that
there ... genuineness of
the agreement, abandoning of the right to
specific performance, a novation and so on, may
also arise in some cases. No doubt
loss or damage to his person and vehicle unless there is
novation. So far the third party risk is concerned the proprietary interest
genuineness of the agreement, abandoning of the
right to specific performance, a novation and so on, may
also arise in some cases. No doubt
genuineness of the agreement, abandoning of the
right to specific performance, a novation and so on, may
also arise in some cases. No doubt
