What type of action should we take against surity person in a promissory note

As a lender, you must have known the fundamental law that suriety and borrower are placed in someplace and their responsibility is co-extensive.  Immediately contact local advocates and attach the properties within the limitation period.

File civil suit against them  both parties ,file E.P after decree ,if he is employees take salary attachment with arrest.

Police have no role or jurisdication in the instant case. Nor can you take any unilateral action to enfcorce the payment. You need to approach a civil court and get a decree against the borrower as well the surety and subsequently get it executed.

Dear Querist,

As laid down in Section 128 of the Indian Contract Act, 1872, the liability of the surety is coextensive. It has the same extent as that of the principal debtor. It emphasizes the maximum degree as well as the scope of the surety’s liability.

Hence, in this case the husband is liable to pay all the debts of his wife and perform his duty of surety. 

Regards,

Palak

Whether a promissory note do have a surity/ guarantor ?

Recheck, the husband would be witness but not surity as stated by you.

Otherwise well analysed, opined and advised by experts, I agree.