Introduction
Equity courts are the courts of natural justice and fairness ,they expect that if someone is willing to enjoy the blessings of equity , then he should always be ready to return equity to others. In a court of law , if a person comes to enforce a right and if he is legally entitled , the court will give relief in his favor without imposing on him any duty , as the law must takes its course.
Meaning Of This Maxim, He who seeks equity must do equity
According to this maxim to get equitable remedy from equity court the party must himself be ready to do equity, that is , a plaintiff recognize and submit to the right of his adversary , In other words the plaintiff must act fairly .
Application and Cases Related to this maxim
This maxim apply in the following Cases
Illegal Loans
In sitting a side such case bargains the court would see that the money borrowed is repaid with interest .
Money Lender's Act 1900
Under this Act it is illegal and void to borrow money from man unregistered money lender.
Case Lodge Vs National Union Investment Co LTD
B borrowed money from M by mortgaging certain securities to him , M was a unregistered money lender the contract was illegal and therefore void , B sued M for return of the securities, the court refused to make an order except upon the terms that B should repay the money which had been advanced to him.
Doctrine Of Election
Where a donor A gives his property to B and in the same instrument purports to give B's property to C , B , Will be put to an election , either accept the benefit granted to him by the donor and give. away his own property to C, or retain his own property and refuse to accept the property of A condition . But B can not retain property and at same time take property of A,.
Consolidation of mortgages
In certain Cases a person who has become entitled to two mortgages made by the same mortgagor
may consolidate the mortgages and refuse to permit the exercise of the equitable right to redeem one mortgage without the other.
Notice To Redeem Mortgage
A mortgagor who wishes to exercise his equitable right to redeem his mortgage must give his mortgage reasonable notice of his intention.
Equitable Estoppel
Promissory estoppel arises where a party has expressly or implied , by his conduct or by negligence made a statement of fact, or so conducted himself that another would reasonably understand that he made a promise thereon , then the party who made promise has to carry out his promise
Restitution of benefits on cancellation of transaction
it is proper justice to return the benefits of a contract which was voidable and equity enforced this principles in cases where it granted relief of recession of a contract . A PARTY CAN NOT be allowed to take advantage of his own wrong .
Set Off
Where there have been mutual credits, mutual debts or other natural dealings between the debtor and any creditor, the sum due from one party is to be set off against any sum due from the other party , and only the balance of the account is to be claimed or paid on either side respectively.
Limitations
The demand for an equitable relief must arise from a suit that is pending.
This maxim is applicable to a party who seeks an equitable relief .
Recognition Law In Pakistan And India
Under section 19A of contract act , 1872 if a contract becomes voidable and the party who entered into the contract voids the contract, he has return the benefits of the contract.
Section 35 of TOPA embodies this principle of election.
Secftion 51 and 54 of the TOPA
In Order 8 rule 6th of the c.p.c, the doctrine of set off is recognized.
Concluding Remarks
To conclude i would say that the plaintiff who seeks equity from the court of equity ; shall be entitled to it only when he give the defendant his equitable right.
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