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V.G.Rao Advocate (Advocate)     28 September 2013

Can guarantor discharged from his liability?

Hi every body.

"A" filed a suit for recovery of money against "B" principal borrower, and against "C" the Guarantor. fortunately for the reasons beat known to the plaintiff 'A" he had not deposited summons process against "B" pricipal borrower, as such the court dismissed the suit for non deposit of process against "B", . However the guarantor "C" appeared and contesting the matter through his advocate. Now my question is

when plaintiff failed to prove the liability against "B" principal borrower , how the suit against the "C" guarantor alone is maintainable. if any judgments in favor of "C" guarantor kindly provide me.



Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     28 September 2013

If suit has been dismissed against borrower for the reason of non deposite of process fee does not mean  that case of plaintiff against borrower not proved.It means plaintiff can not recover decreetal amount from borrower but can recover the same from guarantor.Guarantor can not escape  from his liability.  

Kolla Gangadhar (Practicing Advocate since 1986)     30 September 2013

You guarantor file criminal case against the   lender  of money and borrower for criminal conspiracy, cheating for not filing process against  both  lender (Plaintiff) and borrower.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     30 September 2013

It is a technical mistake and is curable.


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