JUDGMENT - WAHANE B.U., J.:---This appeal is directed against the judgment and order passed by the Civil Judge, Sr. Dn., Nagpur, on 30-11-1981, in a Special C.S. No. 337/1977, discharging the liability of the defendants Nos. 2 and 3, on the ground that the acknowledgement given by the principal debtor does not save limitation against the surety, relying upon the case of (Ramchandra v. Vithoba)1, 1960 N.L.J. Note 74. In this appeal, thus, the following questions are raised before me for determination:

1. Whether the terms 1 and 7 of the Guarantee Bond override the provisions of sections 133, 134, 139 and 141 of the Contract Act?

2. Whether, an acknowledgement or execution of the promissory note Exhibit 57 by the principal debtor will save the limitation against the sureties-defendant Nos. 2 and 3, though they are neither the parties to the execution nor given their consent?

3. Whether the period of limitation would start running only upon the demand being made to the principal debtor as well as guarantors thereby extending the statutory provisions of limitation of 3 years.

(This ground is not raised in the memo of appeal. Being, agitated during the course of argument it was opposed by t

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