P P JANAKI Vs. NORTH MALABAR GRAMIN BANK

JUDGEMENT

(1.) THE legal heirs of the guarantor to a loan transaction claimed the benefit of Section 60(1)(c) of the Code of Civil Procedure. They contended that they are eking out their livelihood as domestic servant/labourer and hence their house cannot be proceeded against in execution. The Court below has not considered the plea of the petitioners on merits on the ground that the decree obtained by the Bank is one for sale of the property mortgaged. But a reading of the decree passed in the suit reveals that the Bank has been permitted to proceed against the assets in the hands of the petitioners devolved on them from the original guarantor/loanee.

(2.) THE Bank points out that the predecessor in interest of the petitioners was a School Teacher and that the petitioner was a Full Time Menial in a school. It is also contended that the petitioners cannot claim the benefit of Section 60(1)(c) of the Code of Civil Procedure when the guarantor did not satisfy the conditions laid down therein.

(3.) I set aside the impugned order in E.P No.166/2010 in O.S.No.226/2002 on the file of the Munsiffs Court, Hosdurg. The Court below is directed to reconsider E.P.No.166/2010 in accordance with law and take the proceedings to a logical end. The Original Petition is disposed of as above. No costs.