Legal Question in Civil Litigation in India

Contract law

manish is an adult person and he agrees to sell the property to dinesh becos he threatened to kill his brother unless manish agrees to sell.sale did take place & dinesh sold part of it to harish.after sometime manish applied to the court and did prove that he had to agree becos of the threats from dinesh.the court gives the decree of avoidance & declares contract between manish & dinesh void.but manish can't get the part of the property from harish,because the contract between dinesh&harish was valid&could not be terminated on the grounds of avoidance of contract due to coercion,unless harish was also a party to that coercion or harish had purchased the property wid knowledge of the coercion.

my doubt is when the whole contract becomes void between manish and dinesh,how does the subsequent contract become valid between dinesh & harish?


Asked on 9/21/08, 4:56 am

2 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Contract law

Terms of contract need to be perused

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Answered on 9/22/08, 7:10 am
muhamed mustaque mk associates

Re: Contract law

harish `s right derived from dinesh, therfore when sale from maish to dinesh is void ,it equaly applies to harish as well. he is bound by the decree against under sec 11 of Civil Proceedure code ( Resjudicata)

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Answered on 9/21/08, 7:34 am


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