Rajamannar, J.

1. The plaintiff whose legal representative is the appellant brought a suit in 1940 on a promissory note dated 20th February, 1933. Admittedly there were payments on the 25th December, 1934, and on the 19th November, 1937, but these are payments which according to the Law of Limitation at the time of (he institution of the suit would not save the suit from being barred. On the 9th August, 1939, the defendant applied to the Debt Conciliation Board for relief and on the 1st June, 1940, he made a statement before the Board undertaking to pay seven creditors of whom the plaintiff was one at the rate of seven annas in the rupee if he was granted four months time from that day. The Advocate for the appellant contended in the Courts below and in this Court that this statement could be utilised to found a claim based on Section 25, Sub-section (3) of the Indian Contract Act. The short answer to this contention is that when the defendant made that offer, four of the seven creditors agreed to the proposal but the plaintiff admittedly did not agree because he was not willing to take seven annas in the rupee in full satisfaction. The four creditors in fact entered an agre