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    <title>1922 (10) TMI 1 - MADRAS HIGH COURT</title>
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    <description>A surety&#039;s liability is co-extensive with the principal debtor&#039;s, but it cannot survive once the principal debt is extinguished by merger of estates or satisfaction; the accessory suretyship obligation falls away with the principal obligation. A bond executed in favour of the Court under Section 145 of the Civil Procedure Code was treated as a procedural enforcement device, not as creating a substantive creditor status that would bar ordinary defences. The surety could therefore raise discharge in execution, including the defence that the debt had already been satisfied or extinguished, and the application against the surety failed.</description>
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    <pubDate>Wed, 04 Oct 1922 00:00:00 +0530</pubDate>
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      <title>1922 (10) TMI 1 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=198707</link>
      <description>A surety&#039;s liability is co-extensive with the principal debtor&#039;s, but it cannot survive once the principal debt is extinguished by merger of estates or satisfaction; the accessory suretyship obligation falls away with the principal obligation. A bond executed in favour of the Court under Section 145 of the Civil Procedure Code was treated as a procedural enforcement device, not as creating a substantive creditor status that would bar ordinary defences. The surety could therefore raise discharge in execution, including the defence that the debt had already been satisfied or extinguished, and the application against the surety failed.</description>
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      <pubDate>Wed, 04 Oct 1922 00:00:00 +0530</pubDate>
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