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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