AIR 1977 SUPREME COURT 329 ::1976 U J (SC) 947 ::1976 4 SCC 505 ::1977 9 Lawyer 83 ::1977 (1) SCR 979 ::1977 (1) SCWR 273

Supreme Court Of India

(From: Calcutta)*

Hon'ble Judge(s): A. N. Ray, M. H. Beg, P. N. Shinghal , JJJ

(A) Contract Act (9 of 1872) , S.70— Cause of action - Ingredients - Pleadings and proof. Civil P.C. (5 of 1908) , O.6 R.2— The three ingredients to support the cause of action under Section 70 are these: First, the goods are to be delivered lawfully or anything has to be done for another person lawfully. Second, the thing done or the goods delivered is so done or delivered "not intending to do so gratuitously." Third, the person to whom the goods are delivered "enjoys the benefit thereof." It is only when the three ingredients are pleaded in the plaint that a cause of action is constituted under Section 70 of the Act.(Para 6) Where the plaintiff merely alleged that the goods were not supplied gratuitously, since the other two essential features to constitute a cause of action are lacking, the Court commits an error in allowing the plaintiff to go to trial with a claim under Section 70.(Para 6 7) In the instant case in view of the trial Court and the High Court allowing the plaintiff-respondent to go on with the claim under Sec. 70, in spite of the pleading lacking in two of the essential features the Supreme Court held that the respondent became entitled to compensation for the goods accepted by defendant-appellant.(Para 14) ....