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    Friday, 26 May 2017

    Who comes to Equity must do Equity

    1. INTRODUCTION
    Any one seeking assistance of a court of equity must, as a conduction to obtaining relief, do justice as to the matters in which the role of the court is sought for, if anyone is willing to have the justice of equity then he should always be ready to return equity to others.

    2. MEANING
    It means that to obtain an equitable relief the plaintiff must himself be prepared to do equity.

    According to W. Smith
    He who seeks equity., must do equity in the transaction in respect of which relief is sought; for the rule does not reach so far as to affect any other transaction  than that in respect of which the relief is sought.

    3. PURPOSE
    The purpose of this moxim is to prevent multiplicity of legal proceedings.

    4. APPLICATION
    This maxim has application on the following case

    I. ILLEGAL LOANS
    If an one has taken illegal loan he must payback the loan before relief is given in favour of him.

    II. DOCTRINE OF ELECTION
    If a doner give his own property to E and in same instrument property to give E's property to N. E, will be unable to claim the 'whole of the gift to him unless he allows the gift to x to take effect. This is called doctrine of election.

    According to Snell
    Equity fastens on the conscience of a person who is put to election and refuse to allow him to take the benefit of a disposition contained in the will, the validity of which is not in question, except on certain conditions.

    III. CONSOLIDATION
    If a person who has become entitled' to two mortgages and refuses to permit the exercise of the equitabie right to redeem one mortgage without the other.

    IV. NOTICE TO REDEEM MORTGAGE
    A mortgagor who wants to exercise his equitable right to redeem his mortgage in order to do so he must give a reasonable notice to the mortgage.

    V. EQUITABLE LIEN
    If a knowingly allows B to improve A's property in the belief that it is his wife's own property A may be prevented from recovering his property without payment of C's expenditure.

    VI. WIFE'S EQUITY TO A SETTLEMENT
    Law of equity recognize the wife's equity to a settlement right to a separate estate in certain circumstances and her right to detach that property.

    VII. MORTGAGE BY DEPOSIT OF TITLE DEEDS
    If a borrower deposits his title deeds a security for loan, he must repay the money before he can get back the deeds.

    VIII. RECTIFICATION AND CANCELLATION
    When an instrument is sought to be set aside on the ground of mistake, fraud, relief is granted only on condition of the plaintiff refunding what he received under the transaction and doing justice to the defendant. So the benefits are restitution on cancellation of transaction.

    5. EXCEPTIONS

    Following are exceptions to this doctrine.

    I. STATE LEGISLATURE
    It can not apply against state legislature.

    II. ACTS OF PARLIAMENT
    It can not apply against the acts of parliament.

    III. CONTRARY TO LAW
    Where a act is contrary to law. It has no application.

    IV. STATUTORY PROHIBITION
    Where there is statutory prohibition it cannot apply.

    V.  MATTER OF GOVERNMENT POLICIES
    It cannot apply against the matters of government policies.

    VI. FACTOR OF FRAUD
    If there is factor of fraud in a case, it will not apply.

    6. POSITION IN PAKISTAN
    This maxim has application and recognized in various statutes in Pakistan.
    (i) Trust Act Sec 86
    (ii) Contract Act Se 19.A
    (iii) Transfer of Property Act Sec 35.
    (iv) Specific Relief Act Sec 33, 35.

    7. CONCLUSION

    To conclude I can say that the court of equity being a court of conscience has to look not 'only the benefits of the plaintiff but also to the interest of the defendant and grant relief to the plaintiff only on the condition that he is prepared to give to the defendant what the latter deserves. The basis of the doctrine is the interposition of equity.
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    Item Reviewed: Who comes to Equity must do Equity Rating: 5 Reviewed By: Usman Ali
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