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Sridhar V Sridhar (Employee)     03 March 2022

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

Wife is signatury of a promissory note as a debtor and her husband is signed as surity person, as he will be liable to pay in her default. 

They no fixed properties. She is openly telling women's are safeguard against on this particular issue and we have no properties.  Should we take any action in her husband?  What type of action should we take against surity person in a promissory note? Can I take him to arrest stage? 



 5 Replies

G.L.N. Prasad (Retired employee.)     04 March 2022

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.

1 Like

Shashi Dhara   04 March 2022

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

1 Like

P. Venu (Advocate)     04 March 2022

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.

1 Like

Palak batra   04 March 2022

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. 




1 Like

Dr J C Vashista (Advocate)     05 March 2022

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.


1 Like

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