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november 1968

Supreme Court of India · 1968-11-27

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

Citation / case number
SC 1962/267
Court
Supreme Court of India
Petitioner
KUSHRO S. GANDHI & ORS.
Respondent
N.A. GAJDAR & ORS.
Bench
SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction under Section 24 of the Code of Civil Procedure by deciding issues beyond the order regarding court-fees, as the matter was only about the trial court's order. The Court established that for a release of one joint tort-feasor to bar claims against others, the plaintiff must have received full satisfaction, which was not the case here as the unconditional apology did not equate to full satisfaction for the tort. The Court ruled that the plaintiffs' acceptance of the apology was an election to pursue remedies against the apologizing defendant only, allowing the suit against the remaining defendants to continue.

KUSHRO S. GANDHI & ORS. vs N.A. GAJDAR & ORS. · Niyam