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NATIONAL BANK OF PAKISTAN versus MESSRS MAHMOOD (PVT.) LIMITED AND OTHERS

The defendant's request against the section Contract Contract Act (IX of nt 1872 of), Sections 127 and 133 for the recovery of the loan amount was that his guarantee was guaranteed after considering the actual loan given to the original lenders. Was excluded and no contract was reached after that agreement. Neither the original loan reference nor the litigation record did not show that the plaintiff had executed a fresh personal guarantee and that the plaintiff had neither presented the original loan agreement nor in the case in which the evidence of the witnesses Or documents submitted by witnesses, the defendant's bail continues. One, but considering that the original contract was a claimant that required the guarantee that such a guarantee would apply in the case, it was necessary to prove that the suit arose under the original loan agreement. Occurred, therefore, the defendant was renewed by this agreement. Under his guarantee he continues a clause of Section 127 o The Contract Act, 1872, guarantees that he promises to guarantee or perform the tasks already performed, the defendant's The guarantor as a guarantor was for the benefit of the principal borrower born of the original contract, then the claim was based on a subsequent loan agreement, in which the defendant's engagement as a guarantor was not established, The plaintiff did not establish a nexus between the original loan agreement and the subsequent loan agreement, although the defendant had a suit on that point. There was a special issue because the guarantor was dismissed in the terms of the guarantee. Goods Transport Co PLD 1966 Kar 253; Abdul Ghani Vs. online advocate from Dera Ismail Khan lawyer