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section 25(3)

(Querist) 14 August 2008 This query is : Resolved 
What are the conditions in order to amount to contract under section 25 (3) of the contract Act? Should there be a fresh offer and acceptance to constitute a contract under sec tion 25 contract Act?
KamalNayanSaxena (Expert) 14 August 2008
Promise to pay time barred debt - Execution of promissory note in lieu of such debt - Mention of factum of debt being time-barred not required.

Where the contents of the promissory note in question bear out the express promise to pay certain debt which was time barred, it is not required under the law that the promissory note mentions that this was in lieu of a time barred debt or even that the executors should have been conscious that the debt had become barred by limitation.

Fresh offer and acceptance is required.
N.K.Assumi (Querist) 15 August 2008
Thank you for your prompt respond: Do you agree with the Madras and Delhi High Courts as reported in AIR 1940 Madras 678-679, AIR 1981 Delhi 165: AIR 1981 Dellhi 354:AIR 1931 Allahabad 375?
N.K.Assumi (Querist) 15 August 2008
Dear Sir,
Thanks a lot for your respond. By the way could you kindly tell me whether, to reply to plaintiff memo of first appeal in civil proceedings in the District from the lower Court to the superior District Court, using the expression Affidavit in opposition in reply to the Appeal petition or Memorandum of objections to memo of appeal etc is correct?
For eg we usually use
In the matter of:
Affidavit in opposition in reply to memo of appeal....etc.
Could you kindly let me know the format of such reply for the respondents while filing reply to memo of appeal?


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