Rodrigo Et Al., V. Ebrahim

1943 Present: Howard C.J. and Wijeyewardene J.

RODRIGO et al. Appellants, and EBRAHIM, Respondent.

182-D. C. Colombo, 9,517.

Novation-Agreement to substitute one debtor for another-Promise to pay debt of another-New consideration-Prevention of Frauds Ordinance (Cap. 57), s. 18.

Where, by agreement, one debtor is substituted for another with the consent of the creditor there is a novation of the debt and such an agreement falls outside the scope of section 18 of the Prevention of Frauds Ordinance.

Where the promise to pay the debt of another is based upon a new consideration such an undertaking is regarded as an original promise and is not within the section.

Fernando v. Abeyegoonesekera (34 N. L. R. 160) followed.

APPEAL from a judgment of the District Judge of Colombo.

H. V. Perera, K.C. (with him C. Thiagalingam and C. Ranganathan), for the defendants, appellants 2A and 2B.

N. E. Weerasooria, K.C. (with him E. G. Wickremanayake), for the plaintiff, respondent.

Cur. adv. vult.

October 5, 1943. HOWARD C.J.-

This is an appeal from a decision of the District Judge of Colombo, entering judgment for the plaintiff as claim

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