...contention raised on behalf of the petitioner, provisions of Order IX Rule 13 Code of Civil Procedure and Section 128 Contract Act may be noted—which are reproduced below...under this rule for setting aside the ex-parte decree.”(The Indian) Contract Act, 1872Section 128. Surety's liability.—The liability of the surety is co-extensive with that...justice, and ensures to check possibility of coming into existence of conflicting decrees, which may cause embarrassment to the Court.6. Section 128 of the Contract Act, provides that...

.... Section 128, Contract Act, says that the liability of the surety is co-extensive with that of the principal debtor unless it is otherwise provided by contract. It.... Section 128, Contract Act, clearly enacts that the liability of the surety is co-extensive with that of the principal debtor unless it is otherwise provided by the...Section 128, Contract Act occurs in Shek Sulaiman v. Shivram Bhijai, 12 Bom. 71 where it was observed that if an amount recoverable by a plaintiff...

...transaction, and Section 128, Contract Act, which makes the liability of the surety co-extensive with that of the principal...Section 128, Contract Act as being confined only to the quantum of the liability and not in any way affecting the..., the wife of Som Dev Grover, since the payment made by Som Dev Grover in January 1946 cannot extend limitation against her in view of the provisions of Section 21(2), Limitation Act...

...contributories of the company(emphasis supplied..).”11. As per Section 128 of the Contract Act, the...guarantor. Under section 128 of the Indian Contract Act, the liability of the surety is co-extensive with that of the principal debtor unless it is otherwise provided by the.... It was held to the following effect:—“6. Section 128, Contract Act, says that the liability of the...

...parties and perused the record.10. There can be no dispute to the settled legal proposition of law that in view of the provisions of Section 128 of the Contract Act, 1872.... Saksaria Sugar Mills Ltd. (1986) 2 SCC 145 this Court while considering the provisions of Section 128 of the Contract Act held that...3413.)12. Section 146 of the Contract Act provides that co-sureties are liable to contribute equally. Thus, in case there are more than one surety/guarantor, they...

...surety under section 128, Contract Act, is co-extensive with that of the principal debtor unless it is otherwise provided...defendant No. 2 has invited my attention to Sub-section (1) of section 446 of the Companies Act, which, according to...recoverable as a special contribution from Anant Mills Ltd. under the Employees' State Insurance Act. Anant Mills Ltd...

...Section 128 of the Contract Act occurs in Sheik Suleman v. Shivzan Bhikaji (1887) I.L.R. 12 Bom. 71 where it was observed...Kishore Roy Choudhury v. Hindustan Co-operative Insurance Society (1917) I L.R. 44 CM. 978 that Section 128, Contract Act, would...Jambu Ramaswamy Bhagavathar v. Sundararaja Chetty (1903) I. L. R. 26 M. 239 that Section 134, Contract Act would not help the surety. 2. The main question...

...guarantor continues and the creditor can realise the same from the guarantor in view of the language of Section 128 of the Contract Act as there is no discharge under Section 134 of that Act...trial court as well as the High Court, both came to the conclusion that in view of the provisions of Section 29 of the Act, the suit of the appellant was not maintainable....5. We have gone through the provisions of the said Act and in our opinion the decision of the courts below is not correct. Section 5 of the said Act provides for the owner to be liable for certain...

...with that of the principal debtor as per Section 128 of the Contract Act, it would stand to reason that whatever...Beach further observed that it was no doubt provided by Section 128 of the Contract Act that the liability of the...upon a true construction of Section, 20 itself. Section 128 of the Contract Act, which makes the liability of the...

...subsequently followed in many other cases. Section 128 of the contract act makes the liability of the surety co - extensive with that of the debtor. The question, hence is no longer open to be canvassed...corporation (4) air19%9m,226, and a full bench has upheld the vires of this provisioa the liability of the surety being made co - extensive under section 128 of the contract act, the corporation has the...section 32 - g of the state financial corporations act, 1951 and section 52 - a of the a. P. Revenue recovery act, 1864 cannot be made applicable for recovery of the amount...

...Section 141 of the Contract Act to indicate that the parties could contract out of the liability envisaged by Section 141. But Section 128 of...contract.”The Contract Act has created rights and liabilities. But the parties have got a right to contract out of the rights and liabilities mentioned in the contract. That is envisaged by Section 128 of...Section 141 of the Contract Act to show that the parties could absolve themselves from the operation of...

...section 128 of the Contract. Act. Section 128 of the Contract Act, the liability of the surety is extensive with that, of the principal debtor...in view of section 34 of the C PC. is too without any substance Admittedly, the loan was advanced for a commercial purpose and so the bar of interest @ 6% per annum is not applicable in sueh like...

...Section 128 of the Contract Act, it is the prerogative of the creditor to have the recovery either from the principal borrower or from the...the principle of joint and several liability as has been incorporated under Section 128 of the Contract Act.Submissions...Section 128 of the Contract Act is to be read in conjunction with Section 37 of the Act. According to him, since the Co...

.... Section 128 of the Contract Act is to the said effect. That the liability of the guarantor is co-extensive with the debtor, is now settled by the Supreme Court in the...Section 128 of the Contract Act makes the position clear. Submission of Mr. Ramdas would have been correct had there been no stipulated...Section 128 of the Contract Act relates to a case where there is no stipulation of interest.9. From the aforesaid discussion, it is...

...opinion that the questions that need to be decided by us are regarding the liability of the guarantor under Section 128 of the Indian Contract Act, 1872. The legislature has succinctly stated that the...)“10…….in view of the provisions of Section 128 of the Contract Act, 1872 (hereinafter called ‘the Contract Act’), the liability of the guarantor/surety is co-extensive with that of the...Section 128 of the Contract Act will apply here without any exception.”5. In view of the aforesaid judgment, we do not find that the order passed on 25.11.2009 in M.A. No. 2/2005 suffers from any illegality.6. Petition is dismissed....

...guarantor. Section 123 of the Indian Contract Act which speaks of surety's liability comes into play.8. Section 128 of...Section 128 of the Contract Act and its intendment. I am clearly of opinion that the impugned order passed by the learned P.O, DRT, Chennai is thoroughly...the Contract Act says:“The liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the...

...for the parties.13. We are of the opinion that the questions that need to be decided by us are regarding the liability of the guarantor under Section 128 of the Contract Act, 1872..., (2013) 1 SCC (Civ) 382, this Court has held that:“10. … in view of the provisions of Section 128 of the Contract Act, 1872 (hereinafter called ‘the Contract Act...debtor. Therefore Section 128 of the Contract Act will apply here without any exception.15. After a thorough reading of the Form of Guarantee for Advances and Credit...

...the amount from respondent no.3 and thereafter if something remains the same should be recovered from the petitioner. However, faced with the provision under Section 128 of the Contract Act, 1872...