GOSRI COMMERCIAL CHITS (P) LTD. Vs. THOMAS

JUDGEMENT

(1.) The original plaintiff/appellant in A.S.No.186/12 came up with this revision challenging the decree and judgment dated 05.06.2015 of the First Appellate Court (VIth Additional District Court), Ernakulam, in A.S.No.186/12 and the decree and judgment dated 28.07.2012 in O.S.No.794/2011 of the 2nd Additional Munsiff's Court, Ernakulam. The suit was filed for recovery of money due under a chitty transaction. The first defendant was the principal debtor and the second and third defendants were the guarantors. During the pendency of the suit, the first defendant passed away. His legal heirs were not impleaded in the suit. Ultimately the lower court has dismissed the suit on the reason that due to non impleadment of legal heirs of deceased first defendant, the suit would stand as abated as against all defendants including the second and third defendants. It was challenged before the First Appellate Court in A.S.No.186/12 wherein the view taken by the lower court was accepted by dismissing the appeal. Aggrieved by the said judgment and decree, the plaintiff came up with this revision.

(2.) Heard the learned counsel appearing for the revision petitioner and the learned counsel for the respondents.

(3.) The legal question mooted in the revision is with respect to (1) whether the discharge of principal debtor by the act of creditor or by the act of others or by operation of law would ipso facto relieve the guarantor from his liability and what would be the legal impact of non impleadment of legal heirs of principal debtor in a suit for recovery of money as against the guarantors. (2) Is there any change in the legal position when there is no legal heirs or estate left behind by the deceased principal debtor.