Liability of husband in execution against wife

This query is : Resolved 
 

(Querist)
08 June 2019

Dear Sir,
Mrs X has taken loan from one bank and me along with mr x stood as a guarantor and I have paid the loan to bank and filed suit for recovery against them for amount paid by me to bank. It was ex-party decreed as none has appeared and in execution baliff taken a cheque of MR X in favour of court for decreetal amount on behalf of MRs X (JD) but due to some reasons that date of the cheque has been lapsed as some applications were pending and now the query is can we take that cheque from court and file civil recovery suit against mr x on the basis of that cheque as he has issued the chque on the behalf of mrs X and he become surety under execution of decree.MRS x has died and nothing has been inherited by MR x from her so only thing which is left with me is CHK issued by MR X in favour of Court received by baliff under execution . Please help me I am confused as not getting the proper advice from anyone.


KISHAN DUTT RETD JUDGE (Expert)
11 June 2019

Dear Sir,
You may file an application before the Court seeking return of cheque as there are developed circumstances and further request the Court to allow you to execute the decree in normal manner.

Please mark “LIKE” if satisfied by my answer.



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