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N "Acknowledgment had suppressed his accounts, and that his conten
I of Debt Implies a promise to pay : Section 25 , tion that he
had handed over the account to the Contract Act;'* Page 770 Pt
l defendant on the execution of the receipt was un (c) Accounts--Accounts
stated--Merely some true The Court held that the debt was time-barred
Items barred is immaterial -- If whole account when the document
Ex P-1, which was an acknow time barred, S 25 (3) must be satisfied
ledgment, was executed On the question whether the document could
be the basis of the suit and If there is an account stated the
fact that some of whether it fulfilled the requirements of sub-s
(3) of the items in the account stated, where there are S 25, Contract
Act, the Court came to the con- more items than one, are time-barred
is immaterial elusion that there was no express promise to pay
as If the whole account is time-barred, then the ban that sub-section
requires as distinguished from mere imposed by S 25 (3), Contract
Act, would apply : acknowledgment, even though the latter mig^t
0 * ('34) 21
1
AIR 1934 PC 147
All India Reporter, Privy Council
Privy Council
India
Cases Referring to this Case
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