https://www.taxtmi.com/caselaws?id=198710 An award fixing equal, unconditional liability on both a principal debtor and a surety preserved the surety's liability even after the principal debtor's debt was later discharged by operation of the Debt Conciliation Act, because the liability had already merged in the award and Section 134 of the Indian Contract Act did not apply. The court also held that a civil suit challenging the sale officer's order in execution was maintainable, since the applicable co-operative society procedure expressly contemplated such a challenge and the jurisdiction objection failed. The appeal succeeded, the lower appellate decree was set aside, and the trial court decree in favour of the bank was restored. en-us Tue, 02 Sep 1947 00:00:00 +0530 Wed, 07 Feb 2018 16:59:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198710 An award fixing equal, unconditional liability on both a principal debtor and a surety preserved the surety's liability even after the principal debtor's debt was later discharged by operation of the Debt Conciliation Act, because the liability had already merged in the award and Section 134 of the Indian Contract Act did not apply. The court also held that a civil suit challenging the sale officer's order in execution was maintainable, since the applicable co-operative society procedure expressly contemplated such a challenge and the jurisdiction objection failed. The appeal succeeded, the lower appellate decree was set aside, and the trial court decree in favour of the bank was restored. Case-Laws Companies Law Tue, 02 Sep 1947 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198710