THE MUNICIPAL COUNCIL, REPRESENTED BY ITS EXECUTIVE AUTHORITY, THE COMMISSIONER Vs. SRIPADA SATYANARAYANA SARMA (DIED T.E.) AND ANR.

JUDGEMENT

(1.) THE suit out of which this appeal arises was one by the Municipal Council of Chicacole against the principal debtor, the first defendant, and the surety, the second defendant. After the appeal had been filed and a memorandum of cross -objections had been preferred, the principal debtor died ; and so the appeal has admittedly abated against him. The question is whether the second respondent is entitled to argue his memorandum of cross -objections.

(2.) IT is argued on behalf of the second respondent, the surety, that the appeal as regards him is still technically maintainable, although the appellant could not succeed, because the surety could not be made liable for a larger amount than the principal debtor, whose liability was determined finally by the trial Court. If the appeal against the second respondent is maintainable, he is entitled to argue his memorandum of cross -objections.