https://www.taxtmi.com/caselaws?id=456223 A summary suit against a guarantor alone was maintainable where the personal guarantee made the guarantor liable on demand and as principal debtor vis-a -vis the creditor. Under Section 128 of the Contract Act, the surety's liability was coextensive with that of the principal debtor, so the creditor was not required to first sue or exhaust remedies against the borrower. The borrower's liability had also been repeatedly admitted in correspondence and balance sheets, and the guarantee was invoked within limitation. The objections that the plaint was unsigned by an authorised person and that the instrument was insufficiently stamped were treated as curable or untenable technical objections. en-us Fri, 04 Dec 2009 00:00:00 +0530 Mon, 08 Jul 2024 10:46:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456223 A summary suit against a guarantor alone was maintainable where the personal guarantee made the guarantor liable on demand and as principal debtor vis-a -vis the creditor. Under Section 128 of the Contract Act, the surety's liability was coextensive with that of the principal debtor, so the creditor was not required to first sue or exhaust remedies against the borrower. The borrower's liability had also been repeatedly admitted in correspondence and balance sheets, and the guarantee was invoked within limitation. The objections that the plaint was unsigned by an authorised person and that the instrument was insufficiently stamped were treated as curable or untenable technical objections. Case-Laws Indian Laws Fri, 04 Dec 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456223