Literal Meaning
Things done between strangers ought not to affect a third person, who is a stranger to the transaction.
Explanation
A transaction between two parties ought not to operate to the disadvantage of a third party. It is as thoroughly settled as any other preposition of law could be that a document would not have any binding effect on a third party, unless such third party is a party to the document. [1]
Illustration
‘A’ and ‘B’ have made an agreement that in case of happening of some event, ‘C’ would be paying Rs. 5000 to ‘A’. This agreement would not have a binding effect on ‘C’ as he is a stranger to the transaction.
Indian Law Position:
The principle laid down by this maxim is a also accepted under the Indian Law.
Case Referred
S.C. Prashar vs. Vasantsen Dwarkadas
In this case the Bombay High Court referred to the maxim ‘Res Inter Alios Acta Alteri Nocere Non Debet’. [2]
Ram Singh Sant Ram vs Jasmer Singh Hardit Singh And Anr.
In the above mentioned case also Punjab & Haryana High Court referred to the maxim ‘Res Inter Alios Acta Alteri Nocere Non Debet’.[3]
Subbu Gounder v. P.Kalimuthu
In the above mentioned case also the honorable Madras High Court referred to the maxim ‘Res Inter Alios Acta Alteri Nocere Non Debet’ in order to reach a fair judgment.[4]
Edited by Vigneshwar Ramasubramania
Approved & Published – Sakshi Raje
[1] Subbu Gounder v. P.Kalimuthu, S.A.No.248 of 2009.
[2] S.C. Prashar vs Vasantsen Dwarkadas, 1956 29 ITR 857 Bom.
[3] Ram Singh Sant Ram vs Jasmer Singh Hardit Singh And Anr, AIR 1959 P H 582.
[4] Subbu Gounder v. P.Kalimuthu, S.A.No.248 of 2009.
