5,100/ , Since the amount remained unpaid a suit was filed by the Bank for recovery of the amount.
The execution companyrt upheld this plea.
3093.25.
1743 of 1979, directing the appellant to exhaust the remedies available in law, against the mortgaged property and the principal debtor in execution of a decree obtained by it before proceeding to execute the same against the guarantor.
By the said guarantee the respondent undertook to repay the sum independently.
A preliminary objection was also taken against execution stating that the decree was partially a decree on a mortgage under order 34 which was preliminary in nature and that it companyld be executed only after the final decree was passed.
The appellant filed a suit, No.
5, 626.70.
5,100/ from the Bank on 21 10 1970, on the strength of the guarantee executed by the respondent and the principal debtor.
A decree was passed against the defendants including the respondent, making them personally liable for the decreed amount and also declaring that the amount due to the Bank on the mortgage mentioned in the plaint shall be the sum of Rs.
Execution was resisted with the plea that the Bank should proceed first against the mortgaged property and the principal debtor and that it companyld proceed against the guarantor only after those steps were exhausted.
The principal debtor and others had executed a registered simple mortgage deed dated 16 10 1970, in favour of the Bank creating a mortgage In respect of their joint family property in order to secure due payment of a sum of Rs, 2,300/ out of the loan amount of Rs.
The Bank took the matter in revision before the High Court.
This appeal is directed against the order passed by a learned Single Judge of the Andhra Pradesh High Court in Civil Revision Petition No.
This appeal by special leave is directed against the said order.
87 of 1974, against the principal debtor and the guarantors, one of them being the respondent, for recovery of a sum of Rs.
The principal debtor had borrowed a sum of Rs.
The Bank sought execution of the decree against the respondent guarantor.
Khalid, J. The union bank of India is the appellant.
