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Dwarkadoss Govardhana Doss and anr. Vs. Chivakala Krishnaiya and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.204
AppellantDwarkadoss Govardhana Doss and anr.
RespondentChivakala Krishnaiya and anr.
Excerpt:
principal and surety - limitation act (ix of 1908), schedule i, article 65. - .....liability of the principal debtor in this case arises in respect of each loan on the date of the loan. article 57 of the second schedule to the indian limitation act, xv of 1877, would clearly apply if the suit were brought against him on the footing of the loan. it cannot apply to the suit against the surety. he becomes liable on his contract of guarantee and not by the mere fact of the loan. it extends to each loan as soon as it is made and he is liable to be proceeded against as soon as default is made by the principal debtor. the default occurred at once. time runs against the surety from each date of default which is the date of each loan. we hold that article 65 of the second schedule to act xv of 1877 applies and that the suit is barred under that article. we answer the.....
Judgment:

1. The liability of the principal debtor in this case arises in respect of each loan on the date of the loan. Article 57 of the second Schedule to the Indian Limitation Act, XV of 1877, would clearly apply if the suit were brought against him on the footing of the loan. It cannot apply to the suit against the surety. He becomes liable on his contract of guarantee and not by the mere fact of the loan. It extends to each loan as soon as it is made and he is liable to be proceeded against as soon as default is made by the principal debtor. The default occurred at once. Time runs against the surety from each date of default which is the date of each loan. We hold that Article 65 of the second Schedule to Act XV of 1877 applies and that the suit is barred under that article. We answer the questions accordingly.


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