Surety's liability - Is co-extensivewith that of principal debtor.- The guarantor cannot be allowed to say that he cannot be compelled to take the decretal amountuntil all the remedy is exhausted against the Principal debtor.

AIR 1992 ALLAHABAD 132

ALLAHABAD HIGH COURT

(Principal Seat at ALLAHABAD)

V. K. KHANNA , J. and R. R. K. TRIVEDI , J.

F. A. F. O. No. 702 of 1991, D/- 12 - 8 - 1991

Sunder Singh Appellant v. Punjab National Bank, Dehradu Respondent

(A)Contract Act (9 of 1872), S.128 - Contract of Guarantee - Surety's liability - Is co-extensive

with that of principal debtor.

The liability of the principal debtor and the guarantor is co-extensive under S. 128 of the Contract

Act. The guarantor cannot be allowed to say that he cannot be compelled to take the decretal amount

until all the remedy is exhausted against the Principal debtor or the property hypothecated. If such a

course is permitted at the instance of the judgment debtor, it shall defeat the very purpose and object

of the guarantee extended by the appellant guarantor on strength of which the loan was given by the

decree-holder to principal debtor.

 (Para 7) 

(B)Civil P.C. (5 of 1908), O.47 R.4, O.21 R.10 - Review - Execution of decree against surety

before proceeding against Principal Debtor and hypothecated property - Appellant-Guarantor

objecting it Objection allowed under misconception of law - Can be reviewed by executing

Court.

AIR 1987 SC 1078, Disting.

 (Paras 8 , 10) 

Cases Referred Ch