Law

TITLE OF THE CASE

Syndicate Bank, Petitioner V. Padmidi Somaiah (died) and another, Respondents.
C.R.P. NO. 4531 OF 1997, D/-13-9-2001.

adjure act (9 of 1872), Ss. 134, 140 Discharge of security measure Act or default of creditor Suit filed against both question debitor and protection - Death of principal debtor during pendency of Omissions of creditor to bring the legal representatives of principal debtor on record debt consequently stood discharged warranters right to proceed against principal debtor as provided under S. 140 also lost liability of warrantor would be discharged Decree if passed against surety would be inexecutable.


OBJECTIVES

To workplace the various ground of cases & reason for passing this decision

 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 discharge of surety Act or omission of creditor. Bank filed revise petition against second judgment debtor, who is the surety for the recovery of the amount due by the principle debtor Pamidi which was died. The respondent filed a counter stating that he was only a surety not the original borrower and he is not nonimmune to pay the money.



The petitioner must proceed against the properties of the showtime judgment debtor. The decree passed is illegal, void and not executable and also the first judgment borrow the money for agriculture purpose which was unblock under income tax act so debt should discharged .so by listening all the referenced evidence court 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 merit and the same is accordingly dismissed, but without costs.



TERMINOLOGY


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