...being a stranger to the contract of insurance could not sue the insurance company. It is not disputed that the general law is that a stranger to a contract .... 879:The person who has suffered the injury or damage for which the assured is liable is not a party or privy to the contract of insurance, and had not, either at Common law or in...the legal rights of the insured against a third party and were entitled to do so in the name of the insured. He deduced from this that the third party equally had a right to sue the company. In my...

...English Common Law that a stranger to a contract cannot sue, is applicable to India, and what are the limitations within which a stranger may sue in In...Indian cases. I may refer to 53 Mad. 2708 which has reviewed the entire law on the subject and has formulated the rule in these terms:“Where on a contract between A and B, B agrees to pay ...not necessary for the purpose of the decision of the present case to formulate with precision the exceptions recognised in India as regards the principle that a stranger to a contract ...

...contends that at any rate on the principle of equity the plaintiffs were entitled to relief by now it is well set tied that ordinarily a stranger to a consideration cannot take advantage of .... A stranger to a, contract which reserves a benefit for him Cannot sue upon it either in English or in Indian Law even though in India the consideration need not move from the p...respondents cited Subbu Chetti v. Arunachalam, in support of his Contention that a stranger to a contract cannot sue upon it. In the Madras Full Bench case large number of authorities inc...

...the rule that a stranger to a contract cannot sue upon it even if it be clear that it was intented to benefit him. 2. By ext. Bi dated 311949, The defendant and ...hire co. Ltd. V. Stratt (1953) 2 all e. R. 1475 at page 1482) that the rule deduced from "the unfortunate case" of tweddle v. Atkinson (121 e. R. 762) a case decided in 181, Namely, That a stranger to a ...: "it was further argued that the widow, Being a stranger to the contract embodied in the award, Cannot sue to enforce it, But it is too la...

...in the name of a firm is really a suit by or in the name of all its partners, that a suit to enforce a right under a contract can be brought only by a party to that ...principle that a stranger to a contract cannot sue on the contract is not applicable in the case of a partner of a firm. The definition of a firm in...deals with the question as to when a firm can sue, or be sued by, a third party in respect of a right arising from a contract, and provides certain requirements as conditions precedent fo...

...consideration was B's premise to discharge a debt of A to C.C sued B and it was held that C who was a stranger to the contract cannot sue B for the payment of h.... The learned Judges deal exhaustively with the cases and lay down the general rule of law to be that a party who is a stranger to a contract cannot sue on the .... The liability of the post office did not at all arise for consideration in that case. The principles according to which a stranger, not a party to a contract, may sue on the ba...

...authority is in favour of the view that a stranger to a contract cannot without more sue to enforce it. 19. In Jamnadas v. Ram Autar Pande...discharge a debt of A to C. C sued B and it was held that C who was a stranger to the contract cannot sue B for the payment of his debt without joining A as ...with the cases and lay down the general rule of law to be that a party who is a stranger to a contract cannot sue on the contract. The exceptions which the lear...

...and, therefore, the plaintiff's case came under one of the exceptions to the general rule that a stranger to a contract cannot sue although all the parties to the ...AIR 1930 Mad 382 (FB) (B), it was, therefore, held, upon a review of the authorities, that “a person not a party to a contract ...person may sue upon a contract if he takes a benefit under it, although a stranger to such contract. I think that such rule must be introduced by the Legislature, and not by the ...

...:“In the law of England certain principles are fundamental. One is that only a person who is a party to a contract can sue on it. Our law knows nothing of a jus quaesitum t...defeat the claims of the parties. This was the era to carve out the exceptions to the principle of privity of contract which is that a stranger to a contract cannot ...settled. A stranger to a contract which reserves a benefit for him cannot sue upon it either in English or in Indian law even though in India the consideration need not move from...

...stranger to consideration or contract cannot bring a legal action, Indian law is quite different. Section 2(a) of the...precedent is required to be referred to in support thereof. On the proposition that a stranger to a contract cannot sue, Indian Law is also same as English Law but there...., it was held that where a contract is made for the benefit of a third person, there may be equity for the third person to sue upon the contract.5. In order to app...

...use in the consideration of this case.”11. It was argued before us, mainly on the authority of the ruling to which I have just referred, that the doctrine that a stranger to a ...between his debtor and the defendant.3. The defence is first, that the plaintiff being a stranger to the contract could not sue on it; and secondly, that though the consideration for the...promisee, can sue on the contract.17. Finally it has been contended that the rule against a stranger to a contract being allowed to sue is one merely of ...

...favour of the view that a stranger to a contract cannot without more sue to enforce it. 19. In ...M. 753 at p. 763 : 26 M.L.J. 127 That was a case where A mortgaged his laudato B and part of the consideration was B's promise; to discharge a debt of A to C.C. sued B an...rule of law to be that a party who is a stranger to a contract cannot sue on the contract. The exceptions which the learned Judges enunciate are (a) th...

...in I.L.R (1943) Nag. 6436 at p. 647 and have held that a stranger to a contract cannot sue on it unless there is something over and above the contract, such as ..., which would entitle him to sue. In the present case I am clear the plaintiff cannot sue. In the first place, the agreement with the municipal committee cannot be looked upon as a ...committee was a party the questions which we have here did not arise 61 Cal. 8415 deals with a case in which a beneficiary to a contract can sue. But it is clear from the...

...Rose Fernandes v. Joseph Gonsalves is wrong.The technical rule established in Tweddle v. Atkinson, that a stranger to a ...nineteen. It is important to note that the defendant was of age at the time of the contract, because it is well settled that a guardian cannot enter into a personal contract imposing liability on ...Mohori Bibee v. Dharmodas Ghose,(5) and that if the contract was to be regarded as a contract between the parents, the bride not being a party...

...rule of common law in England that a stranger to a contract cannot sue on it though he is entitled to some benefit under it. With reference to this case, their Lordships...Full Bench case of Subbu Chetti v. Arunchalan Chattiar their Lordships reviewed all the leading authorities on the point and laid down: “Where on a contract between A and B, B agrees to pay ...under a marriage settlement, partition or other family arrangement.” It is thus clear that though the general rule, as laid down in Tweddle v. Atkinson, is that a stranger to a ...

...stranger to a contract cannot sue to enforce it. It was held that although the plaintiff was not party to the contract which she sought to enforce yet she "was ...person not a party to a contract cannot sue on the contract unless the case comes within one of the recognised exceptions. One such exception is where the contract creates ...tertio arising by way of contract. Such a right may be conferred by way of property as, for example, under a trust, but it cannot be conferred on a stranger to a ...

.... This was the era to carve out the exceptions to the principle of privity of contract which is that a stranger to a contract cannot sue. From time to ...seems to be fairly well settled. A stranger to a contract which reserves a benefit for him cannot sue upon it either in English or in Indian law even though in India the.... Similarly, a person who is a trustee of the third party can also sue likewise, even if he is a stranger to a contract. These are not exhaustive exceptions and as seen above fro...

...consideration has to move from the promisee, and it is well-established there that a stranger to the consideration cannot sue on the contract, unless it is made on his behalf by an agent ...fundamental. One is that only a person who is a party to a contract can sue on it. Our law knows nothing of a jus quaesitum tertio arising by way of contract. Such a rig.... Poole has gone by the board, and it is settled law that a stranger to a contract cannot sue. But, as I have just pointed out, there are two exceptions made to this general rule...

...contractual obligation with the Corporate Debtor. The High Sea Trade Contract dated 31.05.2017 reveals that the Contract is between the Corporate Debtor and M/s. Thankam Cashew Factory. Therefore, a stranger ...Corporate Debtor. there is no privity of contract between the Operational Creditor and the Corporate Debtor. A stranger to a contract cannot come before a court of Law as held in...]. The Contract dated 31.05.2019, took place between M/s. Thankam Cashew Factory and the Corporate Debtor. The Applicant herein is a stranger to that Contract. 6. Further the...

...for the repair of the complainants vehicle and also there is a privity of contract between the opposite party No.2 and complainant and the stranger to a contract cannot sue only ...can file a case against the party. But there is no contract or cause of action between the complainant and opposite party No.2. The complainant failed to show the cause of action against the opposite...had sanctioned loan of Rs.10,50,000/- to purchase the car and the said car is hypothecated with Canara Bank with estimated monthly installments @Rs.25,600/- for a period of (5) years. On 10-05-2017...