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Bank Of Bihar Ltd vs Damodar Prasad & Anr on 8 August, 1968

In our opinion, the case cited by learned counsel for the Corporation (Bank of Bihar Ltd. v. Dr. Damodar Prasad [1969] 39 Comp Cas 133 (SC)), clearly applies to this case in which the liability of the property of the borrower and guarantor is joint and several and the Corporation could proceed against any of the guarantors without first proceeding against the borrower.
Supreme Court of India Cites 5 - Cited by 139 - R S Bachawat - Full Document

Sheela Devi vs Mohan Sarup And Ors. on 19 February, 1987

7. As far as the case relied upon by learned counsel for the petitioner Sheela Devi v. Mohan Samp [1987] 2 SCC 235, is concerned, the same does not apply to the present case. From the aforesaid case, it is clear that the decree had been passed against the mortgaged property and it is in this context that the Supreme Court has held that as the decree was granted against the mortgaged property, the mortgaged property had to be proceeded against first.
Supreme Court of India Cites 0 - Cited by 3 - V B Eradi - Full Document
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