https://www.taxtmi.com/caselaws?id=184011 A composite decree that is both personal and mortgage-based does not require the decree-holder to exhaust the mortgaged property before proceeding against the guarantor, unless the decree itself imposes that condition. The surety's liability remains co-extensive with that of the principal debtor under Section 128 of the Indian Contract Act, 1872, so the creditor may seek direct execution against the surety. Principles applicable to ordinary mortgage decrees do not control where the decree permits simultaneous enforcement and contains no restriction. An executing court cannot read additional conditions into the decree, and objections not taken at trial cannot later be used to resist execution. en-us Thu, 30 Apr 1992 00:00:00 +0530 Mon, 27 Jun 2016 18:31:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184011 A composite decree that is both personal and mortgage-based does not require the decree-holder to exhaust the mortgaged property before proceeding against the guarantor, unless the decree itself imposes that condition. The surety's liability remains co-extensive with that of the principal debtor under Section 128 of the Indian Contract Act, 1872, so the creditor may seek direct execution against the surety. Principles applicable to ordinary mortgage decrees do not control where the decree permits simultaneous enforcement and contains no restriction. An executing court cannot read additional conditions into the decree, and objections not taken at trial cannot later be used to resist execution. Case-Laws Indian Laws Thu, 30 Apr 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184011