High Courts(1917) 01 MAD CK 0004

Doraisami Padayachi and Another vs Vaithilinga Padayachi (dead) and Others

Madras High Court · Decided on 1 January 1917 · Citation: (1917) ILR (Mad) 31 : 41 Ind. Cas. 581 : (1917) 32 MLJ 422

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Judgment

5 paragraphs · 124 words
1.

Assuming as stated in the order of reference, that the meaning of the letter was that the writer promised to pay the amount which might be found

due by the arbitrator on taking the accounts of the partnership, we are clearly of opinion that this was not a promise to pay a debt within the

meaning of Section 25 of the Indian Contract Act. We think that the word ""debt"" used in this context must be taken to have been used in is

ordinary meaning of a sum payable in respect of a money demand recoverable by action. See the observations of Subramania Aiyar J. in Sabju

Sahib v. Noordin Sahib ILR (1899) M 139. We accordingly answer the question in the negative.