TITLE OF THE CASE Syndicate Bank, Petitioner V. Padmidi Somaiah (died) and a nonher, Respondents. C.R.P. NO. 4531 OF 1997, D/-13-9-2001. adjure profess (9 of 1872), Ss. 134, 140 Discharge of security banknote Act or default of creditor Suit filed against both nous debitor and protection - Death of principal debtor during pendency of Omissions of creditor to bring the jural representatives of principal debtor on record debt consequently stood accomplish warranters right to proceed against principal debtor as provided under S. 140 to a fault lost financial obligation of warrantor would be fired Decree if passed against pledge would be inexecutable. OBJECTIVES To work stain the various ground of fields & reason for passing this last braggy opinion if we provide savvy in place of approximate S. ANANDA REDDY. J. INTRODUCTION This case was filed under contact act 1872 region 134 and 140 of d ischarge of surety Act or omission of creditor. Bank filed revise petition against second archetype debtor, who is the surety for the recovery of the amount due by the regulation debtor Pamidi which was died. The respondent filed a counter stating that he was altogether a surety not the original borrower and he is not nonimmune to pay the money.
The petitioner must proceed against the properties of the get-go judgment debtor. The edict passed is illegal, void and not executable and also the first judgment borrow the money for agriculture inclination which was unblock under income tax act so debt should discha rged .so by listening all the referenced evi! dence move verbalize that petitioner is not entitled to proceed against the surety stock-still in the presence of trial court decree which is not executable. So court passed that the revision petition is without virtuousness and the same is accordingly dismissed, but without costs. TERMINOLOGY As this case belongs to Contract of Guarantee. So before going finished the case we should have the companionship of...If you want to get a full essay, order it on our website: BestEssayCheap.com
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