JUDGMENT :

OBUL REDDY, J.:— The only two questions raised by the learned Advocate General appearing for the appellants (defendants 2, 3, 4, 5 and 7) and which really arise from the contentions put forward by the parties are (1) whether there is any variation in the terms of the contract, namely, the lease deed, Ex. A-5, dt. 12. 5. 53 without the Knowledge and consent of the sureties so as to entitle them to plead discharge on the ground that the original contract is altered without their consent and (2) whether the suit filed by the Receiver (plaintiff) appointed by the Court is not maintain-able, as the security bond was executed in favour of the Presiding officer of the Court, in the absence of assignment of that bond in favour of the Receiver.

2. To decide the questions involved, it is necessary to state the facts and circumstances under which the suit came to be instituted by the Receiver against the defendants for the enforcement of the security bond. A cinema hall known as Srirama Talkies' was constructed by four persons and even before they could start runing the cinema house, disputes arose between the owners whereupon one of them, Seetharamaiah, filed O.S. No. 85 of 1949 f