Syndicate Bank vs (1) Shri Ram Sarup Choudhary on 23 December, 2011
In Shadi Ram v. Prabhu, AIR 1953 Punj 28 it was held that simple
acknowledgment of the form of 'Baqi rahe' does not amount to promise to pay
and does not give fresh cause of action under Sec.25 (3) of the Act. It is
further observed that the words 'the promise to pay', necessary to bring a
case within Section 25 (3) of the Indian Contract Act, must be in writing and
under Section 9 of the Contract Act, such a promise is an express promise
and the document must bear words like 'I promise to pay' or 'I undertake to
pay' must appear in the document.