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Report No. 13

Section 69.- In section 69 of the principal Act, for the words "who is interested in the payment of money" the words "who, though not bound by law to pay, is interested in the payment of "money" shall be substituted.

Section 69A.- After section 69 of the principal Act, the following section shall be inserted, namely:-

"69A. Contribution between joint tort-feasors.

(1) Where damage is suffered by any person as a result of a tort (whether a crime or not), any tort-feasor liable in respect of that damage may recover contribution from any other tort-feasor who is, or would if sued have been, liable in respect of the same damage, whether as joint tort-feasor or otherwise, so, however, that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought.

(2) In any proceedings for contribution under this section, the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person's responsibility for the damage; and the court shall have power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity."

Indian Contract Act, 1872 Back

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