Report No. 97

2.8. Section 28, Contract Act-not in issue before the Supreme Court.-

The above judgment of the Supreme Court, let it be added, did not hold the contractual condition to be violative of section 28, Contract Act. The trial Court and the First appeal Court had held that the condition was not violative of section 28, and that view was not challenged before the High Court and not "seriously challenged" before the Supreme Court. Further, the Supreme Court observed as under, on this point:-

"It also appears to us that neither there is restriction absolutely from enforcing rights by the usual legal proceedings nor limitation of the time within which such rights might be enforced in the instant case, but condition 15 was only intended to defeat or by-pass the provisions of section 10 of the Carriers Act.