1924 (3) TMI 6

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... a hypothecation bond from the principal debtor. Muthukrishna Naidu, for Rs. 3,500. Part of the consideration was an undertaking by the defendant to discharge the promissory-notes for which he and the plaintiff were jointly sureties. Subsequently a suit was filed on these promissory-notes, and decree was obtained and in execution, Rs. 615 was realised from the plaintiff. Meanwhile the defendant obt .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... his co-sureties, whatever he has received from that source. This principle is laid down in Steel v. Dixon (1881) 17 Ch. D. 825 : 50 L.J. Ch. 591 : 45 L T. 142 : 29 W.R. 735 and it is not suggested that the above facts would not be applicable in this case. In neither of the lower Courts does this particular aspect of the case seem to have been considered although apparently there were the necessar .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X