JUDGMENT

1. This appeal arises out of a suit originally instituted for the recovery of money alleged to be due upon two bonds. The suit was decreed so far as it related to one bond. The claim upon the other bond was dismissed The plaintiff appeals against the latter part of the decision.

2. The facts may be stated shortly as follows--The estate of one Raja Baikunth Narain Singh was under management under the Chota Nagpur Encumbered Estates Act 1876, from May 1888 till August 1907. Raja Baikunth Narain Singh was then alive and, during his life-time, in August 1899, his son Raja Radha Mohun Deb Singh executed of Rs. 7,500. After the estate had been restored and Government management had been withdrawn in the year 1907, the defendant in the present suit, who is the son of Raja Radha Mohun Singh, executed a bond which refers to the loan taken by Raja Radha Mohan Singh in 1899 and recites that "a portion of that debt has been remitted and that the defendant promises to pay the remainder in instalments in a period of ten years." This is the bond which has been sued upon in this case. The learned Subordinate Judge has held that the defendant is protected, on the ground that there was no con