PANPORI Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) IT is true that the liability of the surety is co-extensive with that of the principal debtor but it is equally, true that if the principal debtor is financially well off and can discharge the liability fastened upon it by the decree, in the first instance the principal debtor should be called upon to discharge the liability fastened upon it by the decree. In this case, therefore, Central Bank of India (Mandi), Sonepat shall in the first instance try to execute the decree against the principal debtor. After the entire amount is not recovered by the sale of the properties of the principal debtor, the Central Bank of India shall proceed against the guarantor(s) for executing the decree so far as it relates to the remaining un-realised amount. Revision is disposed of in the above terms. Revision disposed of.