KUSHRO S. GANDHI & ORS. versus N. A. GAJDAR & ORS .

KUSHRO S. GANDHI & ORS. versus N. A. GAJDAR & ORS .

The High Court had no power, even with consent, to decide any other issue in revision apart from the court-fee order. A compromise involving an unconditional apology by one tort-feasor embodied in a decree does not amount to full satisfaction or release for the entire tort. The plaintiffs are not barred from proceeding against other defendants unless full satisfaction for the injury is received.

Parties
Appellants: Kushro S. Gandhi & Ors.; Respondents: N. A. Gajdar & Ors.
Jurisdiction
India
Judgment Date
27 November 1968
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court – Order on Civil Revision
Outcome
Appeal allowed
Legal Topics
Joint Tortfeasors, Accord and Satisfaction, Release, Court Fee, High Court Revisional Powers
Tort Law Civil Procedure Joint Tortfeasors Accord and Satisfaction Release Court Fee High Court Revisional Powers

Case Brief

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Parties

Kushro S. Gandhi & Ors.

Appellants

N. A. Gajdar & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court – Order on Civil Revision

Legal Issues

  1. 1 Whether an unconditional apology by one joint tort-feasor, accepted by the plaintiffs and embodied in a compromise decree, operates as a release of other joint tort-feasors and bars further proceedings against them?
  2. 2 Whether the High Court, in revision against an order regarding payment of court fees, had jurisdiction to decide other issues with or without consent of parties?

Ratio Decidendi

The High Court had no power, even with consent, to decide any other issue in revision apart from the court-fee order. A compromise involving an unconditional apology by one tort-feasor embodied in a decree does not amount to full satisfaction or release for the entire tort. The plaintiffs are not barred from proceeding against other defendants unless full satisfaction for the injury is received.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of the High Court set aside
  • Case remitted to the Trial Court for disposal in accordance with Supreme Court judgment and law