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NATIONAL DEVELOPMENT FINANCE CORPORATION versus NATIONAL DEVELOPMENT FINANCE CORPORATION


Section 22 Contract Act (IX of 1872), Sections 126, 128 and 139 of the contract, the nature of the guarantee, the removal of the suit for restitution, were filed by the defendant on the basis of the financing facility obtained by the borrower. ? The appellant was guaranteed. A partial judgment was pronounced against the appellant through this interim order that the appellant filed an appeal against the said decree that the respondent was the first respondent to withdraw money from another authority. Was obliged to recover. But it committed a break in the performance of its obligation, so the appellant was relieved under Section 139 of the Contract Act, 1872, guaranteeing the validity is an independent agreement between the parties, from the records on record It appears that the appellant, through a guarantee agreement, was guaranteed to stand as a guarantor in clear, unambiguous and unambiguous terms on behalf of the borrower who was the defendant on behalf of the borrower. Had made a mistake in the payment of dues, therefore, the Appellant was unable to fulfill his guarantee of section 139 of the Contract Act, 1872 Was bound, was not attracted to her in these circumstances. \ r \ n

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