VISWESARDAS GOKULDAS versus B. K. NARAYAN SINGH & ANR.

VISWESARDAS GOKULDAS versus B. K. NARAYAN SINGH & ANR.

There was no concluded contract between the parties as the offer made by the defendant had not been accepted either orally or by letter before its revocation. Acceptance via the filing and service of a plaint did not constitute valid acceptance or communication under Indian law.

Parties
Appellant: Viswesardas Gokuldas; Respondent: B.K. Narayan Singh; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
06 February 1969
Procedural Posture
Civil Appeal / Supreme Court Appeal From Judgment and Decree of Mysore High Court
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Revocation of Offer, Communication of Acceptance
Contract Specific Performance Revocation of Offer Communication of Acceptance

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Parties

Viswesardas Gokuldas

Appellant

B.K. Narayan Singh

Respondent

Respondent No. 2

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Judgment and Decree of Mysore High Court

Legal Issues

  1. 1 Whether there was a concluded contract between the parties
  2. 2 Whether acceptance by means of a plaint constitutes valid acceptance of an offer
  3. 3 Whether service of copy of plaint is communication of acceptance

Ratio Decidendi

There was no concluded contract between the parties as the offer made by the defendant had not been accepted either orally or by letter before its revocation. Acceptance via the filing and service of a plaint did not constitute valid acceptance or communication under Indian law.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay one set of costs to the respondents