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CS Executive · Jurisprudence, Interpretation and General Laws · Contract Law

Kavita owes Rohan Rs. 10,000, but the debt is now barred by the law of limitation. Which of the following by Kavita would make a fresh promise enforceable under Section 25?

A signed written promise to pay Rs. 4,000 is enforceable. Section 25(3) validates a promise to pay a time-barred debt wholly or in part if it is in writing and signed by the person to be charged or an authorised agent. Oral or unsigned promises do not qualify.

  1. AAn oral promise to pay the whole amount, made before two witnesses
  2. BA written promise, signed by her, to pay Rs. 4,000 towards the debtCorrect
  3. CA written but unsigned note kept by Rohan recording her oral promise
  4. DA registered deed promising to pay only if Rohan agrees to forgo interest

Explanation

Section 25(3) requires a promise made in writing and signed by the person to be charged, or by an authorised agent, to pay wholly or in part a time-barred debt. A signed written promise for Rs. 4,000 is a part payment promise and qualifies. Oral promises, even with witnesses, and unsigned notes do not satisfy the requirement.

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