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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 rule does not reach so far as to affect any other
transaction than in respect of which the relief is sought.
3. Purpose:
The purpose of this maxim is to prevent multiplicity of legal proceedings.
4. Application:
This maxim has application on the following cases.
I. Illegal loans:
If anyone has taken illegal loan he must payback the loan before relief is
given in favour of him.
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 equitable right to redeem one mortgage without the other.
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.
5. Exceptions:
Following are exceptions to this doctrine.
I. State legislature:
It can not apply against state legislature.
6. Conclusion:
To conclude I can say that the court of equity being a court of conscience has
to look not a 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.