Section 2(j) does not declare every unenforceable contract void. A contract may be unenforceable either by substantive law or by procedural law or regulation. It is only that contract which in unenforceable by substantive law which becomes void. In other words, ‘unenforceable by law’ means unenforceable by substantive law.

Example:

(i) There is a contract whit an alien enemy. It is illegal from its inception and therefore would be void under s.2. (g)

(ii) There is a contract with an alien enemy. Such a contract would be void under s.2 (g)

ADVERTISEMENTS:

A contract may be unenforceable but not be void. Thus, a mere failure to sue within the time specified by the Limitation Act or an inability to sue by reason of ht provisions of one of the orders under the Civil Procedure Code would not make the contract void.