 Dass Bank Ltd. vs Smt. Kali Kumari Debi And Anr.

 Ranjit Singh And Anr. vs Naubat And Ors. (for surety).

 Dass Bank Ltd. vs Smt. Kali Kumari Debi And Anr.

 Ranjit Singh And Anr. vs Naubat And Ors. (for surety).

Arguments

The court also held •• we would have no hesi« tation in interpreting the words • mere forbearance '
to mean forbearance of the creditor from suing the principal debtor within the period of limitation.
The simple reason for this latter interpretation is that a person can only forbear to do a thing as long
as he has got a right to do it. Directly the suit of the creditor becomes time-barred, he loses his
power to enforce his claim . Forbearance after the expiry of the period of limitation would therefore
be meaning43 less"
If there is requirement of legally enforceable debt at the time of entering in contract why does it
vanish at the time of performance

135 ka exceotion hai 137 not of 134

 Dass Bank Ltd. vs Smt. Kali Kumari Debi And Anr.

 Ranjit Singh And Anr. vs Naubat And Ors. (for surety).
Arguments

The court also held •• we would have no hesi« tation in interpreting the words • mere forbearance '
to mean forbearance of the creditor from suing the principal debtor within the period of limitation.
The simple reason for this latter interpretation is that a person can only forbear to do a thing as long
as he has got a right to do it. Directly the suit of the creditor becomes time-barred, he loses his
power to enforce his claim . Forbearance after the expiry of the period of limitation would therefore
be meaning43 less"

If there is requirement of legally enforceable debt at the time of entering in contract why does it
vanish at the time of performance

135 ka exceotion hai 137 not of 134

 Dass Bank Ltd. vs Smt. Kali Kumari Debi And Anr.

 Ranjit Singh And Anr. vs Naubat And Ors. (for surety).
Arguments

The court also held •• we would have no hesi« tation in interpreting the words • mere forbearance '
to mean forbearance of the creditor from suing the principal debtor within the period of limitation.
The simple reason for this latter interpretation is that a person can only forbear to do a thing as long
as he has got a right to do it. Directly the suit of the creditor becomes time-barred, he loses his
power to enforce his claim . Forbearance after the expiry of the period of limitation would therefore
RECENT DECISIONS 455

liable where the statute of limitations

alone.3 This view is based on the ground

protected himself by paying the debt before

the principal and then seeking reimbursement

The California cases on this subject

date the supreme court, in Whiting v.

had made a written guaranty of an

an action brought after the statute had

surety has also been held liable where,

the creditor has failed to file a claim

required time,5 and there are strong

liable for contribution where the statute has not run in his favor be-

cause he has been outside the state." Sureties on county officials' bonds

are not liable, however, where action is brought against them after the

shorter statute has run in favor of the official.7 This result was con-

sidered necessary to carry out the object of the statute limiting the

liability of officials." The exceptional nature of these cases is indicated

by the fact that action against the official himself is also barred al-
though he signed the bond as well." Nevertheless the official bond cases

have been used as precedent for a decision that a surety on a condi-

tional obligation, which did not mature until after the maturity of

the principal's note, was released when the statute of limitations barred

the principal's obligation,'0 and for sustaining Towle v. Sweeny," a

decision in accord with the principal case under identical facts.

Aside from the question of precedents, the instant case may be sus-

tained on the ground that it is the purpose of the statute of limitations

to compel the settlement of claims before the evidence of the transac-

tion is lost'2 and that here the instrument upon which the surety was

bound contained no specific statement as to any particular claim or its

amount. This reasoning would have required a contrary decision in

Whiting v. Clark. On the other hand it would seem that the surety

might well be held if his contract contained a statement of the credit-

or's claim. No hardship would be imposed upon him by so holding,

119 N. W. 1120; Note (1909) 20 L. R. A. (N.s.) 1000. Insanity: Burner v. Nut-

ter (1915) 77 W. Va. 256, 87 S. E. 359. Ultra vires act of corp.: Birken v. Tap-

per (1922) 45 S. D. 600, 189 N. W. 698; Note (1923) 24 A. L. R. 838.

3 Nelson v. First Nat. Bank of Killingley (C. C. A. 8th, 1895) 69 Fed. 798;

UnitedDass Bank Ltd. vs Smt. Kali Kumari Debi And Anr.

 Ranjit Singh And Anr. vs Naubat And Ors. (for surety).

Arguments

The court also held •• we would have no hesi« tation in interpreting the words • mere forbearance '
to mean forbearance of the creditor from suing the principal debtor within the period of limitation.
The simple reason for this latter interpretation is that a person can only forbear to do a thing as long
as he has got a right to do it. Directly the suit of the creditor becomes time-barred, he loses his
power to enforce his claim . Forbearance after the expiry of the period of limitation would therefore
be meaning43 less"

If there is requirement of legally enforceable debt at the time of entering in contract why does it
vanish at the time of performance

135 ka exceotion hai 137 not of 134

 Dass Bank Ltd. vs Smt. Kali Kumari Debi And Anr.

 Ranjit Singh And Anr. vs Naubat And Ors. (for surety).
Arguments

The court also held •• we would have no hesi« tation in interpreting the words • mere forbearance '
to mean forbearance of the creditor from suing the principal debtor within the period of limitation.
The simple reason for this latter interpretation is that a person can only forbear to do a thing as long
as he has got a right to do it. Directly the suit of the creditor becomes time-barred, he loses his
power to enforce his claim . Forbearance after the expiry of the period of limitation would therefore
be meaning43 less"

If there is requirement of legally enforceable debt at the time of entering in contract why does it
vanish at the time of performance

135 ka exceotion hai 137 not of 134

 Dass Bank Ltd. vs Smt. Kali Kumari Debi And Anr.

 Ranjit Singh And Anr. vs Naubat And Ors. (for surety).
Arguments

The court also held •• we would have no hesi« tation in interpreting the words • mere forbearance '
to mean forbearance of the creditor from suing the principal debtor within the period of limitation.
The simple reason for this latter interpretation is that a person can only forbear to do a thing as long
as he has got a right to do it. Directly the suit of the creditor becomes time-barred, he loses his
power to enforce his claim . Forbearance after the expiry of the period of limitation would therefore
be meaning43 less"

If there is requirement of legally enforceable debt at the time of entering in contract why does it
vanish at the time of performance

135 ka exceotion hai 137 not of 134

 Dass Bank Ltd. vs Smt. Kali Kumari Debi And Anr.

 Ranjit Singh And Anr. vs Naubat And Ors. (for surety).
Arguments

The court also held •• we would have no hesi« tation in interpreting the words • mere forbearance '
to mean forbearance of the creditor from suing the principal debtor within the period of limitation.
The simple reason for this latter interpretation is that a person can only forbear to do a thing as long
as he has got a right to do it. Directly the suit of the creditor becomes time-barred, he loses his
power to enforce his claim . Forbearance after the expiry of the period of limitation would therefore
be meaning43 less"

If there is requirement of legally enforceable debt at the time of entering in contract why does it
vanish at the time of performance

135 ka exceotion hai 137 not of 134

  Dass Bank Ltd. vs Smt. Kali Kumari Debi And Anr.
 Ranjit Singh And Anr. vs Naubat And Ors. (for surety).

Arguments

The court also held •• we would have no hesi« tation in interpreting the words • mere forbearance '
to mean forbearance of the creditor from suing the principal debtor within the period of limitation.
The simple reason for this latter interpretation is that a person can only forbear to do a thing as long
as he has got a right to do it. Directly the suit of the creditor becomes time-barred, he loses his
power to enforce his claim . Forbearance after the expiry of the period of limitation would therefore
be meaning43 less"

If there is requirement of legally enforceable debt at the time of entering in contract why does it
vanish at the time of performance
135 ka exceotion hai 137 not of 134

 Dass Bank Ltd. vs Smt. Kali Kumari Debi And Anr.

 Ranjit Singh And Anr. vs Naubat And Ors. (for surety).

Arguments

The court also held •• we would have no hesi« tation in interpreting the words • mere forbearance '
to mean forbearance of the creditor from suing the principal debtor within the period of limitation.
The simple reason for this latter interpretation is that a person can only forbear to do a thing as long
as he has got a right to do it. Directly the suit of the creditor becomes time-barred, he loses his
power to enforce his claim . Forbearance after the expiry of the period of limitation would therefore
be meaning43 less"
If there is requirement of legally enforceable debt at the time of entering in contract why does it
vanish at the time of performance

135 ka exceotion hai 137 not of 134

 Dass Bank Ltd. vs Smt. Kali Kumari Debi And Anr.

 Ranjit Singh And Anr. vs Naubat And Ors. (for surety).

Arguments

The court also held •• we would have no hesi« tation in interpreting the words • mere forbearance '
to mean forbearance of the creditor from suing the principal debtor within the period of limitation.
The simple reason for this latter interpretation is that a person can only forbear to do a thing as long
as he has got a right to do it. Directly the suit of the creditor becomes time-barred, he loses his
power to enforce his claim . Forbearance after the expiry of the period of limitation would therefore
be meaning43 less"
If there is requirement of legally enforceable debt at the time of entering in contract why does it
vanish at the time of performance

135 ka exceotion hai 137 not of 134

Arguments

The court also held •• we would have no hesi« tation in interpreting the words • mere forbearance '
to mean forbearance of the creditor from suing the principal debtor within the period of limitation.
The simple reason for this latter interpretation is that a person can only forbear to do a thing as long
as he has got a right to do it. Directly the suit of the creditor becomes time-barred, he loses his
power to enforce his claim . Forbearance after the expiry of the period of limitation would therefore
be meaning43 less"
If there is requirement of legally enforceable debt at the time of entering in contract why does it
vanish at the time of performance

135 ka exceotion hai 137 not of 134