9911796707
TMI Blog1914 (1) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence of an agreement under section 25 of the Contract Act to pay a barred debt. Assuming that the debt or a portion thereof was barred, the letter contains an unconditional promise to pay whatever balance might be found to be due to the plaintiff. This is a valid agreement under section 25 of the Contract Act: See Appa Rao v. Surya Prakasa Rao 23 M. 94 and Gunapathy Mudaly v. Muniasawmy Mudaly 5 Ind. Cas. 754 : 7 M.L.T. 81 : 33 M. 159. There is no plea in this case that the defendant made the promise under any mistake which would unable him to avoid the contract. We think, therefore, that the plaintiff is entitled to recover the amount due to her with interest at 9 per cent on Rs. 260 from the 15th September 1904 to date of suit. 3. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a finding:-- Whether the amount claimed by the defendant is due to him. 2. The defendant-appellant has filed a written statement in which he claims the sum of [lis. 500 as remuneration fixed by the District Court. The plaintiff-respondent has filed her objections to Set-off this amount against the defendant's claim. The appellant has examined himself and there is no evidence contra. The appellant says that he would swear that Rs. 500 awarded by the District Court is the minimum remuneration for his labour and that Rs. 1,000 would be reasonable. He says his Receivership extended for a period of about live years, that he had to examine about 23 account books for about three or four months, that they involved more than ordinary trouble as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be warranted in prosecuting him criminally and also in recovering the amount from him in a Civil Court. Besides he has obtained from the prosecution of this case Rs. 100 which he paid as Receiver into the hands of the plaintiff. The appellant says finally that he did his work as Receiver as diligently as he could. He asked he plaintiff to give him credit for Rs. 500 through Exhibit IV, but he got no reply to it. As I have stated already, the appellant is a well-known District Court Pleader of long standing and is at present Municipal Chairman of Coimbatore. I find no reason to discredit his statement when he says that its. 500 is by no means an excessive remuneration for all the work and labour involved in his Receivership of five ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ars to it that both Mrs. Simon and her clerk told him that the decree amounts were trivial and that they did not think it worth while to collect them. The plaintiff's clerk who was in Court at that time would not step into the box and contradict the appellant on the point. In fact the plaintiff has not chosen to let in any evidence whatever to support her allegations about the charge of neglect of duty, etc., against the appellant. I have, therefore, to choose between the sworn testimony of the appellant on the one side and the mere statement of the plaintiff on the other unsupported by evidence, and I have no hesitation in accepting the former in preference to the latter. I think the labour involved in the appellant's work as Recei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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