AMAR NATH DHIMAN Vs. PUNJAB & SIND BANK

JUDGEMENT

(1.) The petitioner is a guarantor, whose objections against the execution, have been ordered to be dismissed by the learned Executing Court vide its order dated 17.5.2017 and aggrieved thereby he has filed the instant revision petition.

(2.) It is not in dispute that the proforma respondent herein was the principal borrower of loan availed from the respondent No.1, whereas the petitioner stood guarantor of such loan. On default by the proforma respondent and the petitioner in the repayment of loan, a suit for recovery of Rs. 1,64,089/- alongwith interest came to be filed and was in fact decreed by the Civil Judge (Senior Division), Mandi by passing a joint and several decree of Rs. 1,64,089/-.

(3.) In order to execute the judgment and decree so passed in its favour, the respondent-bank filed an Execution Petition wherein the petitioner preferred objections solely on the ground that until and unless the bank did not satisfy the decree against principal debtor, it could not be permitted to proceed against the guarantor. As observed above, the objections came to be dismissed by the learned Executing Court constraining the petitioner to file the instant petition.