Supreme Court · 1992 INSC 146 · Decided 30 April 1992
State Bank of India v. Indexport Registered and ORS.
- Court
- Supreme Court of India
- Citation
- 1992 INSC 146 · [1992] 2 S.C.R. 1031
- Case number
- CIVIL APPEAL No. 1888/1992
- Decided
- 30 April 1992
- Bench
- S. RANGANATHAN, V. RAMASWAMI, YOGESHWAR DAYAL (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 21; Contract Act Section 128; Specific Relief Act
Headnote
Civil Procedure Code, 1908: Order 21, Rules 30, 46, 46A, 468, 46F, 50, 72A and Order 34, Rules 4 c ---- and 5 and Sections 47 and 151-Execution of Composite decree comprising r- a money decree personally against all defendants-judgment debtors, and also a mortgage decree against one of the can execute the decree first against the guaran- tor without proceeding against the mortgaged property-Wlietlzer guarantor D can be sued without even suing the principal debtor-Guarantor's /iability-Wliether co-atensive with that of principal debtof"-Wl1ether execut- ing. court can go
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)