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1959 Supreme(MP) 295

N.M.GOLVALKER
NATHURAM KASHIRAM – Appellant
Versus
STATE GOVERNMENT OF MADHYA PRADESH – Respondent


Advocates Appeared:
H.L.KHASKALAM, S.C.Dubey

N. M. GOLVALKER, J.

( 1 ) THIS is a revision petition by the plaintiff against the finding recorded by the court of 1st Civil Judge, Harda, in civil suit No. 15-B of 1958 whereby the plaintiff was ordered to pay ad valorem court-fees or Rs. 9075/ -. The plaintiff-applicant challenges, the finding in this revision petition.

( 2 ) THE order in this civil revision will also govern the disposal of civil revision No. 41 of 1959 which arises out of a similar suit but involving an amount of Rs. 6300/only and relating to separate surety bond.

( 3 ) THE plaintiff had stood surety for one jagatram who had taken certain forest contract from the defendant State. The said contractor having committed defaults in observing the terms and conditions of the forest, lease the State Government proceeded to recover Rs. 9075/- from the plaintiff-surety. The plaintiff filed a suit against the State Government challenging the right of the State Government to recover the amount from him. His contention was that as the State Government had allowed the contractor to commit breaches of the contract he was discharged from suretyship. The relief that he had claimed in the suit, was a declaration that he was not





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