https://www.taxtmi.com/caselaws?id=297283 Money advanced under a promissory note executed when the debtor was legally incompetent to contract was not recoverable under Section 65 of the Indian Contract Act, 1872. Because the debtor's estate was under the Court of Wards and the relevant Wards Act rendered him incapable of incurring pecuniary contractual liability, the transaction was treated as an absolute nullity rather than a voidable or merely void agreement. Section 65, which applies only where a contract or agreement capable of being avoided exists, could not be invoked on these facts. Section 68 was also treated as consistent with the view that no quasi-contractual recovery lay, and the suit failed. en-us Fri, 20 Sep 1935 00:00:00 +0530 Wed, 25 Aug 2021 18:00:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297283 Money advanced under a promissory note executed when the debtor was legally incompetent to contract was not recoverable under Section 65 of the Indian Contract Act, 1872. Because the debtor's estate was under the Court of Wards and the relevant Wards Act rendered him incapable of incurring pecuniary contractual liability, the transaction was treated as an absolute nullity rather than a voidable or merely void agreement. Section 65, which applies only where a contract or agreement capable of being avoided exists, could not be invoked on these facts. Section 68 was also treated as consistent with the view that no quasi-contractual recovery lay, and the suit failed. Case-Laws Indian Laws Fri, 20 Sep 1935 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297283