Research › Browse › Judgment

Allahabad High Court · body

1904 DIGILAW 13 (ALL)

Brindaban v. Kanhiya Lal

1904-02-03

AIKMAN

body1904
JUDGMENT : AIKMAN, J. 1. In my opinion the view taken by the learned Munsif was right. The proposal made by the judgment-debtor not having been accepted by the 13th of March, 1901, it was by the terms thereof no longer in force. There was no variance made in the terms of the arrangement between the decree-holder and judgment-debtor which would under section 133 of the Contract Act operate to discharge the surety. 2. The belated offer of the decree-holder to accept a proposal which by the terms thereof had long before been withdrawn, could not effect any such variance. For these reasons I allow the appeal with costs, and setting aside the order of the lower Appellate Court with costs, I restore the order of the Court of first instance. The case will go back to the Munsif to proceed with execution according to law. This order is ex-parte, the respondent not being represented.