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

NADAR,
Appellant, and FONSEKA, Respondent.

346-D. C. Chilaw, 11,687.

Agreement to pay money-Promise implied by terms of document-Acknowledgment of debt-Prescription Ordinance (Cap. 55) s. 6.

A document in which the defendant states that he has " borrowed and received in full from--, the sum of Rs. 275 of lawful money of Ceylon,  having promised to pay interest at the rate of 15 per cent, per annum until the sum is paid in full" contains an implied promise to pay the sum borrowed and is a contract, agreement or bargain to pay money within the meaning of section 6 of the Prescription Ordinance.

APPEAL from a judgment of the District Judge of Chilaw. The facts appear from the head-note and the argument.

N. Nadarajah, K.C. (with him E. B. Wickremenayake), for the plaintiff, appellant.-Document P 1 constitutes a contract in writing and the period of limitation is six years, under section 6 of the Prescription Ordinance (Cap. 55). There is a clear acknowledgment of debt and an implied promise to pay. See Urban District Council, Matale v. Sellaiyah[ (1931) 33 N. L. R. 14.] Sonnadara v. Weerasinghe[ (193