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Report No. 13

65. Section 41.-

It has been suggested that the Indian Law should adopt the principle that the discharge of a debt by a third person is effectual only if authorised or ratified by the debtor. Pollock and Mulla1 say that it is not clear that the better opinion is not the other way. We do not recommend any change by reason of the conflict of views on this point. The section, as it stands, has not worked any injustice and we propose to leave it unaltered.

1. Pollock & Mulla; Op. Cit, p. 307.

66. Section 42.- No change is necessary in section 42.

Indian Contract Act, 1872 Back

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