Liability of surety - Nature of - Liability not deferred - surety is bound to pay entire amount

AIR 1969 SUPREME COURT 297

SUPREME COURT

(From : Patna)*

S. M. SIKRI , J. and R. S. BACHAWAT , J. and K. S. HEGDE , J.

Civil Appeal No. 1109 of 1965, D/- 8 - 8 - 1968

The Bank of Bihar Ltd Appellant v. Dr. Damodar Prasad and another Respondents.

Contract Act (9 of 1872), S.128, S.140 - Liability of surety - Nature of - Liability not deferred

until remedies against principal debtor are exhausted - Decree obtained by creditor against

debtor and surety directing creditor to first exhaust remedies against principal debtor -

Direction held not justified under Order 20, Rule 11 (1) or Section 151, Civil P. C.

Judgment and decree in A. F. O. D. No. 300 of 1959, D/- 3-12-1962 (Pat), Reversed.

Civil P.C. (5 of 1908), S.151, O.20 R.11(1) -

Under Section 128, save as provided in the contract, the liability of the surety