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surety is co- extensive with that of the principal debtor, unless it is otherwise provided by the contract. Illustration
Central Government Act
maturity on 1.11.1988.
The principal debtor defaulted marking payment of the
debt. When the respondent's F.D. matured ... payable by the principal debtor as on December 1988
and the balance sum of Rs.14,254.40 was credited
Supreme Court of India
Whether guarantor can be sued
without even suing the principal debtor-Guarantor's
liability-Whether co-extensive with that ... principal
debtor-Whether executing court can go beyond the decree-
Contract Act, 1872 : Section 128.
HEADNOTE:
The appellant-Bank
Supreme Court of India
Alteration of terms of letter of guar-
antee by principal debtor--Discharge of surety's liability.
HEADNOTE:
The appellant agreed ... suit instituted by the Bank
against the principal debtor, S, and the appellant on the
basis of the contract
Supreme Court of India
credit facility
limited to Rs. 75,000/- to the principal debtor Harilal
Parmananddas Adatia on his pledging 5,000 tins ... personal
guarantee of the surety, respondent No. 2. The principal
debtor executed a demand promissory note Ext. 81 in favour
Supreme Court of India
every remedy which the creditor has against the principal debtor,
including the enforcement of every security stands statutorily
recognised ... benefit of the rights of the creditor against the principal debtor
which arise out of the transaction which gives rise
Supreme Court of India
place the surety on the same
footing as the principal debtor so as to enable the
Financial Corporation to obtain ... relief against the
properties of the principal debtor as well as the surety-
[515E-G]
If considered in this perspective
Supreme Court of India
available in law,
against the mortgaged property and the principal debtor in execution of
a decree obtained by it before ... filed a suit, No. 87 of 1974, against the principal
debtor and the guarantors, one of them being the respondent
Supreme Court of India
unconditional.
[567-C-D]
The fact that the principal debtor had gone into
liquidation would not have any effect ... surety is co-extensive
with that of the principal debtor unless it is otherwise
provided by the contract. A surety
Supreme Court of India
When to be inferred-Promise to
give time to principal debtor', in s. 135-What amounts to-
Scope ... terms of
the contract between the creditor and the principal debtor
and the provisions
Supreme Court of India
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