LAWS(PVC)-1911-2-9

UNDE RAJAHA RAJA SRI RAJA VELUGOTI SREE RAJA GOPALA KRISHNA YACHENDRULUVARU BAHADUR PANCHAHAZAR MUNSUBDAR RAJAH OF VENKATAGIRI Vs. BAMMINENNI VENKATASUBBA NAIDU

Decided On February 02, 1911
UNDE RAJAHA RAJA SRI RAJA VELUGOTI SREE RAJA GOPALA KRISHNA YACHENDRULUVARU BAHADUR PANCHAHAZAR MUNSUBDAR RAJAH OF VENKATAGIRI Appellant
V/S
BAMMINENNI VENKATASUBBA NAIDU Respondents

JUDGEMENT

(1.) THERE is no ground taken that the fact of the remission was not communicated to the defendants. Plaintiff s own document Exhibit D, shows that the remission was communicated to the defendants and accepted by them. Under Section 63 of the Indian Contract Act the remission by the plaintiff does not require to be supported by consideration. See Davis v. Chandasami Mudali 19 M. 398 and I do not think that after the remission had been communicated to the defendants and accepted by them the plaintiff can claim the amount remitted. The petition is dismissed with costs save in Civil Revision Petition No. 14 where there will be no costs.