VENKATASAMY NAIDU Vs. RANGASAMY NAIDU

JUDGEMENT

(1.) WE are of opinion that the defendant is legally bound. In Exhibit A the defendant who was a party thereto, although he did not sign it, undertook to discharge the debt of Rs. 1,704-3-6 due by the plaintiff to Krishnasamy Naidu. The defendant having failed to discharge it, the plaintiff himself paid it and now seeks to recover it from defendant.

(2.) ASSUMING for the sake of argument that the defendant undertaking was not founded on valuable consideration, but only on good consideration, viz, love and affection for his brother (the plaintiff), Exhibit A having been registered, the breach of such obligation becomes actionable under Section 25. of the Indian Contract Act. The costs of this reference will be costs in the cause.