Sir John Beaumont. -

These are three consolidated appeals from the Court of the Judicial Commissioner, North West Frontier Province. Appeal No.22 covers an appeal and cross appeal from a decree of the said Court dated 10th July 1939 which varied a decree passed by the Senior Subordinate Judge, Mardan, dated 18th November 1938. Appeal No. 16 is from a decree of the Court of the said Judicial Commissioner, dated 3rd July 1941 which varied an order dated 18th September 1940 passed by the Senior Subordinate Judge, Mardan, in execution proceedings. Most of the controversy arises on Appeal No. 92 and it will be convenient to deal with that appeal first. On 1st January 1919 the appellant, Sir Mohammad Akbar Khan (herein-after called "the appellant"), and the original respondent 1 S. Attar Singh (hereinafter called "respondent 1"), entered into a deed of partnership for carrying on the business of money-lending. The appellant was to finance the business, and respondent 1 was to manage it. Under cl.(8), Hira Singh, the father of respondent 1, was to be liable as a surety for loss occasioned by the default of respondent 1. On 26th July 1929 the appellant instituted the suit out of which these