ESS AAR UNIVERSAL (P) LTD Vs. GIRISH MEHRA

JUDGEMENT

(1.) SUIT filed by the appellant against the respondent, Girish Mehra, has been held to be barred by limitation as also under Order II Rule 2 CPC as well as on constructive res judicata.

(2.) UNDISPUTED facts are that the appellants had a commercial transaction with a company M/s.Mehra Air Products Pvt. Ltd. and in respect of which, Prem Mehra, Satish Mehra, Harish Mehra and the respondent Girish Mehra had executed a joint guarantee undertaking to re-pay the amount outstanding and payable by M/s.Mehra Air Products Pvt. Ltd. to the appellant.

(3.) IT is settled law that the liability of a guarantor would cease if the principal debt payable by the principal debtor is barred by limitation i.e. cannot be recovered. This position of law is conceded to by learned counsel for the appellants.