SECTION 124 Indian Contract Act, 1872 when one party promises to save the other party from the loss caused to him by the conduct of promisor or any other party. It is contingent contract (sec 31) as based on the happening of certain conduct either by the promisor or any third party. Adamson v. Jarvis. ( Development of concept of Indemnity). I ndemnity in English law is quite different from what indemnity in Indian Contracts Act.
Nallapa reddi v. Virudhachala reddi Right of indemnity holder arises as soon as the decree is passed against him.
Gajanan Moreshwar Parelkar vs Moreshwar Madan Mantri Main Issue Commencement of liability Facts of the case E arlier holder had to wait for judgement to file for suit of indemnity. Holder was unable to pay for the ingoing suit. Judgement When the liability was absolute holder need not to wait for the judgment to file for Indemnity.