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Ramaswami Pillai Vs. Kuppuswami Pillai - Court Judgment

LegalCrystal Citation
SubjectContract
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.901a; (1910)20MLJ656
AppellantRamaswami Pillai
RespondentKuppuswami Pillai
Cases ReferredGovind Das v. Sarju Das
Excerpt:
contract act (ix of 1872), section 25 d. 3 promise to pay - 'balance due'. - miller, j.1. i agree with the decision in govind das v. sarju das 30 aa. 268 : 5 a.l.j. 274 : 129 a.w.n. (1908), which is in point. even if the acknowledgment balance due 80 'rupees' implies a promise, it does not seem to me to be the promise required by section 25 of the contract act. there is nothing to show that the debtor recognized that the debt was irrecoverable and still promised to pay it, and the promise to which section 25 refers seems to me to be a promise to pay despite the consciousness that the debt is barred. the petition is dismissed with costs
Judgment:

Miller, J.

1. I agree with the decision in Govind Das v. Sarju Das 30 AA. 268 : 5 A.L.J. 274 : 129 A.W.N. (1908), which is in point. Even if the acknowledgment balance due 80 'rupees' implies a promise, it does not seem to me to be the promise required by Section 25 of the Contract Act. There is nothing to show that the debtor recognized that the debt was irrecoverable and still promised to pay it, and the promise to which Section 25 refers seems to me to be a promise to pay despite the consciousness that the debt is barred. The petition is dismissed with costs


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