Supreme Court of India · 1978-04-04
HAJI MOHAMMED ISHAQ MD. SK. MOHAMMED & 3 OTHERS vs MOHAMED IQBAL & MOHAMED ALI & ORS.
- Citation / case number
- SC 1968/60229
- Court
- Supreme Court of India
- Petitioner
- HAJI MOHAMMED ISHAQ MD. SK. MOHAMMED & 3 OTHERS
- Respondent
- MOHAMED IQBAL & MOHAMED ALI & ORS.
- Author
- N.L. UNTWALIA
- Bench
- N.L. UNTWALIA
Judgment text excerpt
The Supreme Court held that there exists an implied contract between the plaintiff and the defendants despite the defendants claiming no privity of contract, as the goods were supplied through an agent who acted on behalf of the defendants. The Court emphasized that the acceptance of goods and partial payments by the defendants established a contractual relationship. The appeal was dismissed, affirming the trial court's decree in favor of the plaintiff for the recovery of the outstanding amount under the provisions of the Civil Procedure Code, specifically Order VI Rule 17 and Order XLI Rule 27.