while passing the decree the trial companyrt directed that the plaintiff bank shall be at liberty to enforce its dues in question against defendant number 2 only after having exhausted its remedies against defendant number 1.
appeal from the judgment and decree dated december 3 1962 of the patna high companyrt in appeal from original decree number 300 of 1959.
in spite of demands neither he number the guarantor paid the dues.
the plaintiff has filed the present appeal after obtaining a certificate.
11723.56 np on account of principal and rs.
the plaintiff filed an appeal challenging the legality and propriety of this direction.
the plaintiff filed a suit against them in the companyrt of the subordinate judge 1st companyrt patna claiming a decree for the amount due.
2769.37 np on account of interest.
civil appellate jurisdiction civil appeal number 1109 of 1965.
the trial companyrt decreed the suit against both the defendants.
on the date of the suit damodar prasad was indebted to the plaintiff for rs.
the guarantee bond in favour of the plaintiff bank is dated june 15 1951.
prasad for the appellant.
k. sinha for respondent number 2.
mitra and r.c.
the judgment of the companyrt was delivered by bachawat j. the plaintiff bank lent moneys to defendant number 1 damodar prasad on the guarantee of defendant number 2 paras nath sinha.
