P NARAYANABHAT Vs. SYNDICATE BANK

JUDGEMENT

(1.) THIS revision arises from the judgment and order dated 26,2. 1994 whereby the Court below has issued an arrest warrant against judgment-debtor: No. 2 i. e. , the guarantor.

(2.) THE facts of the case in nut-shell are that, the judgment-debtor No. 1 had borrowed rs. 10,000/- for agricultural purposes from the respondent-Bank. A decree was passed in favour of the Bank on 9. 8. 1991 for a sum of rs. 29,834. 80 paise. It may be mentioned here that the judgment-debtor No. 2 is the guarantor. There is no doubt the decree-holder may execute the decree against either of the parties. He can executed the decree against the guarantee. The decree-holder filed the application for execution on 19. 11. 1991. The decree had been passed in Original Suit No. 3487 89. On 26. 2. 1994 the order-sheet indicates the court's order which reads as under :

(3.) 1 have heard Sri. Krishna Dixit, learned counsel for the petitioner, and Sri Y. N. Nagaraj for Sri. N. D. R. Ramachandra, learned counsel for respondent No. l.