Mohori Bibee V. Dharmodas Ghose - Academike

Editor’s Notice: On this submission, the creator Private loan has discussed intimately the Mohori Bibee case wherein, for the primary time in 1903, the Privy Council declared that the minor’s contract is void and not merely voidable. The Privy Council reached this conclusion on the premise of assorted Sections of the Indian Contract Act which have additionally been elaborated in this paper to outline the character of a minor’s agreement.

(2) Where the plaintiff doesn't, inside the period fastened below paragraph (1), set the motion down for trial, the defendant could set the motion down for trial or may apply to the Courtroom to dismiss the action for need of prosecution and, on the hearing of any such software, the Court may order the motion to be dismissed accordingly or may make such order because it thinks simply.

(2) A writ which is served out of the jurisdiction in accordance with a contract shall not be deemed to have been duly served on the defendant by virtue of paragraph (1) except go away to serve the writ, or notice thereof, out of the jurisdiction has been granted underneath Order 11, rule 1 or 2.

[ Footnote 6 ] This attraction also presents the question whether or not, before the County Auditor executes and delivers a deed to the tax-sale purchaser, the mortgagee is constitutionally entitled to note of its proper to redeem the property. Cf. Griffin v. Griffin, 327 U.S. 220, 229 (1946). Because we conclude that the failure to offer ample discover of the tax-sale proceeding deprived appellant of due process of law, we'd like not attain this question.