SHANKAREPPA MAJOR Vs. THUNGABHADRA GRAMEENA BANK MUDAGAL

JUDGEMENT

(1.) HEARD Mr. P. G. Mogali for the petitioner and Mr. Agnihotri, for the first respondent.

(2.) ). An interesting question has been raised in this revision petition. The petitioner judgment-debtor No. 2 was sought to be arrested in execution of a decree for money. The petitioner was surety and he claimed that he has no means to pay. The executing Court ordered arrest. The point raised is whether a surety on whose behalf the loan was granted can raise a plea of no means. The authorities uniformaly held that answer to the above question in negative.

(3.) IN V. Velayudhan v. State Bank of India, AIR 1989 Kerala 38, it is held as follows :