1. The appellant contends that the doctrine of relief against the enforcement of a penal clause is inapplicable in the case of contracts other than those between landlord and tenant. This is negatived by the authority of Bheema Venkatramana v. Bommini Gurappa 28 Ind. Cas. 970 : 2 L.W. 537 : M.L.J. 488.

Next it is urged that the District Judges use of his discretion to grant relief was unjustifiable. We do not agree. Time was not, in our opinion, of the essence of the contract; and the person substantially in fault was in fact the appellant.

3. The appeal against appellate order fails and is dismissed with costs.