https://www.taxtmi.com/caselaws?id=293325 The High Court set aside the lower Court's dismissal of a suit based on an instalment bond with an exigibility clause, emphasizing the necessity for the creditor to plead and prove waiver when the clause operates. The judgment clarified that mere forbearance does not constitute waiver, requiring overt acts by the creditor to communicate waiver to the debtor. Accepting payment for a defaulted instalment signifies waiver. The Court stressed the importance of proper pleading, appropriation of payments, and ordered a fresh trial for substantial justice. en-us Fri, 28 Mar 1947 00:00:00 +0530 Thu, 04 Feb 2021 18:01:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293325 The High Court set aside the lower Court's dismissal of a suit based on an instalment bond with an exigibility clause, emphasizing the necessity for the creditor to plead and prove waiver when the clause operates. The judgment clarified that mere forbearance does not constitute waiver, requiring overt acts by the creditor to communicate waiver to the debtor. Accepting payment for a defaulted instalment signifies waiver. The Court stressed the importance of proper pleading, appropriation of payments, and ordered a fresh trial for substantial justice. Case-Laws Indian Laws Fri, 28 Mar 1947 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293325