( 1 ) A short but an important question for consideration is; "whether an endorsement on pronote, showing part payment and extending the period of limitation, could be construed as "promise" under Section 25 (3) of the Contract Act?"

( 2 ) FACTS in brief, which gave raise to the question, are; Respondent narayanachari, who was the plaintiff in O. S. No. 201/ 00 before the court of Civil Judge (Sr. Dn) and JMFC at Bhadravathi, brought suit against one Adivelu (now deceased) stating that Adivelu borrowed a sum of Rs. 26,000/- on 20. 11. 91 and also Rs. 25,000/- on 15. 12. 91 under two different pronotes agreeing to repay the same with interest at the rate of Rs. 18% p. a. and in connection with first pronote, adivelu made part payments of Rs. 3,500/- and Rs. 3,000 on 8. 11. 94 and 18. 11. 97 respectively and, with regard to second pronote dated 15. 12. 91, he made part payment of Rs. 3,500/- on 8. 11. 94 and Rs. 4,000/- on 28. 11. 97 but not thereafter. As such, calculating the amount due under the said two pronotes, the plaintiff claimed Rs. 1,47,978/- from Adivelu showing that cause of action arose on 20. 11. 91, 15. 12. 91, 8,11. 94, 18. 11. 97 and 28. 11. 97. On