https://www.taxtmi.com/caselaws?id=200480 A written and signed express promise to repay a time-barred debt creates a fresh enforceable obligation under Section 25(3) of the Indian Contract Act, 1872, so limitation does not defeat a claim founded on that promise. The earlier acknowledgment after expiry of limitation was insufficient by itself, but the later undertaking to repay by cheques satisfied the statutory requirements. On the pleadings, the defendant's alleged full discharge was unproved, the admissions in the written statement and the written promise counted against the maker, and the defendant did not testify. The HC therefore upheld liability only to the extent of the proved outstanding balance and granted relief accordingly. en-us Wed, 11 Feb 2015 00:00:00 +0530 Fri, 30 Mar 2018 10:13:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200480 A written and signed express promise to repay a time-barred debt creates a fresh enforceable obligation under Section 25(3) of the Indian Contract Act, 1872, so limitation does not defeat a claim founded on that promise. The earlier acknowledgment after expiry of limitation was insufficient by itself, but the later undertaking to repay by cheques satisfied the statutory requirements. On the pleadings, the defendant's alleged full discharge was unproved, the admissions in the written statement and the written promise counted against the maker, and the defendant did not testify. The HC therefore upheld liability only to the extent of the proved outstanding balance and granted relief accordingly. Case-Laws Indian Laws Wed, 11 Feb 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=200480