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IN THE HIGH COURT OF MADRAS
Miller, J.
Ramaswami Pillai
Versus
Kuppuswami Pillai
Decided On : 18.02.1910
Promise - Contract Act - Interpretation of Section 25
Fact of the Case:
The court considered an acknowledgment of a debt and its implication as a promise under Section 25 of the Contract Act.
Finding of the Court:
The court found that the acknowledgment of the balance due did not meet the requirements of a promise under Section 25 of the Contract Act.
Issues: Interpretation of Section 25 of the Contract Act
Ratio Decidendi: The court emphasized that the promise referred to in Section 25 requires the debtor to recognize the debt as irrecoverable and still promise to pay it, despite being conscious that the debt is barred.
Final Decision: The petition was dismissed with costs.
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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