Legal Question in Banking Law in India
A suit under order 37 CPC was filed against Borrower, Guarantor Ist, guarantor IInd. The summon was served on only guarantor IInd and summons of borrower and guarantor Ist returned unserved with the remarks �left�. Guarantor II appeared within 10 days of service of summon. Is creditor entitled to serve on the guarantor IInd only a summon for judgement or first summon should be served on all three Borrower, Guarantor Ist, guarantor IInd (summon served) before further proceedings.
Asked on 9/22/09, 5:38 pm
2 Answers from Attorneys
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
yes, the summons for judgment may be served upon the guarantor as the guarantor also stands in the same footing as that of debtor. the process of serving the other defendants would follow.
Answered on 9/23/09, 12:30 am
J. Radhakrishnan
independent Practice
summons will have to be served on all before seeking judgment in the suit.
Answered on 9/23/09, 11:58 pm
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