RAM SARUP BHAGAT Vs. BANSI MANDAR

JUDGEMENT

(1.) THIS is a reference by the Munsif of Banka, under Order XL VI, rule I of the Civil procedure Code, for a decision whether a certain bond is enforceable at law. It appears to us that it is not so enforceable. It binds down the executant to daily attendance and manual labour until a certain sum is repaid in a certain month and penalises defanlt with overwhelming interest. It is remarkable that the suit, which is brought on this bond, is not contested, and this, in the Munsif s opinion, is probably due to the fact that the executor is too poor to defend himself. Such a condition is indistinguishable from slavery, and such a contract is, in our opinion, opposed to public policy and not enforceable.