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    <title>1909 (10) TMI 2 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=275733</link>
    <description>A suit against the sons of a deceased trustee failed because the property proceeded against was joint family property by survivorship, not the trustee&#039;s general estate, and a barred debt could not be enforced on the same footing against them. On suretyship, mere failure of the creditor to sue the principal debtor within limitation did not discharge the sureties, because limitation bars the remedy without extinguishing the underlying debt and mere forbearance to sue does not release a surety. The dismissal against the sons was affirmed, while the decree on the surety-related claim was set aside and remitted for fresh disposal.</description>
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    <pubDate>Tue, 26 Oct 1909 00:00:00 +0530</pubDate>
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      <title>1909 (10) TMI 2 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=275733</link>
      <description>A suit against the sons of a deceased trustee failed because the property proceeded against was joint family property by survivorship, not the trustee&#039;s general estate, and a barred debt could not be enforced on the same footing against them. On suretyship, mere failure of the creditor to sue the principal debtor within limitation did not discharge the sureties, because limitation bars the remedy without extinguishing the underlying debt and mere forbearance to sue does not release a surety. The dismissal against the sons was affirmed, while the decree on the surety-related claim was set aside and remitted for fresh disposal.</description>
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      <pubDate>Tue, 26 Oct 1909 00:00:00 +0530</pubDate>
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