The only point for decision in these appeals is whether the remis-sion of the entire amount, due except Rs. 1,500 granted by the agreement evidenced.

by Ex. D-3 is invalid and cannot be claimed under section 63 of the Contract Act unless the balance of the amount payable had also been paid and the contract itself had been wiped out. These two appeals arise out of two suits on two promissory notes. The plaintiff in both is the same. The defendants are different. The promissory notes were executed for money due under prior dealings. Interest was payable under the promissory notes. The defendants’ case is that on the 16th June, 1942, accounts were taken and it was agreed then that a certain amount should be paid and that the balance payable was only Rs. 1,500 and that it should be paid on 30th June, 1942. The question was whether the amount cited as having been remitted in Ex. D-3 was not validly remitted and whether the plaintiff was entitled to eschew that remission and claim the entire amount. The question was considered with reference to section 63 of the Contract Act. The first Court held that since the entire debt was not discharged but there was a promise to remit and