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Report No. 3

79. Articles 61 & 62.-

Articles 61 and 62 do not relate to express contracts. Article 61 applies to cases in which a plaintiff would be entitled to recover money paid by him for the defendant to which sections 69 and 70 of the Contract Act apply. It has been held that this Article applies to cases of contribution between co-debtors but not between joint debtors in respect of which Article 99 makes a provision. Article 62 relates to what in England is known as action for 'Money had and received'. As Lord Mansfield puts it.

"It is a kind of equitable action and lies when the defendant has received money which in justice and equity belongs to the plaintiff under circumstances which render a receipt by the defendant for the use of the plaintiff".

This action was discussed by the House of Lords in the well-known case of Sinclair v. Brougham, 1914 AC 398 The action is treated as based on an implied contract and therefore falls within the proposed definition of contract. For both these Articles, the starting point of limitation coincides with the accrual of the cause of action.

Limitation Act, 1908 Back

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