https://www.taxtmi.com/caselaws?id=100263 A claim before an official liquidator is not barred merely because the creditor had earlier sued some joint debtors and that suit remained unsatisfied. Section 43 of the Contract Act permits a promisee to compel any one or more joint promisors to perform the whole obligation, so the creditor is not required to sue all joint promisors together. A claim filed in liquidation stands on the same footing as enforcement by suit. The earlier suit against the directors therefore did not extinguish or bar the claim against the company in liquidation, and rejection of the claim on that ground was erroneous. en-us Mon, 07 Mar 1983 00:00:00 +0530 Tue, 31 Jan 2012 17:31:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=100263 A claim before an official liquidator is not barred merely because the creditor had earlier sued some joint debtors and that suit remained unsatisfied. Section 43 of the Contract Act permits a promisee to compel any one or more joint promisors to perform the whole obligation, so the creditor is not required to sue all joint promisors together. A claim filed in liquidation stands on the same footing as enforcement by suit. The earlier suit against the directors therefore did not extinguish or bar the claim against the company in liquidation, and rejection of the claim on that ground was erroneous. Case-Laws Companies Law Mon, 07 Mar 1983 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=100263