Judgement

SHAH, Actg. C. J.: The High Land Bank Kottayam of which the appellant M. C. Chacko was the Manager, had an overdraft account with the Kottayam Bank. K. C. Chacko, father of the appellant, had executed from time to time letters of guarantee in favour of the Kottayam Bank agreeing to pay the amounts due by the High Land Bank under the overdraft arrangement. By the last letter of guarantee dated 22nd January, 1953 K. C. Chacko agreed to hold himself liable for the amounts due by the High Land Bank to the Kottayam Bank on the overdraft arrangement subject to a limit of Rupees 20,000.

2. the Kottayam Bank Ltd. filed a suit in the court of the Subordinate Judge of Kottayam against the High Land Bank for a decree for the amount due in the account. To this suit were also impleaded K. C. Chacko, the guarantor, M. C. Chacko Manager of the High Land Bank, and M. C. Joseph, Kuriakose Annamma and Chinnamma, the last three being the son, daughter and wife respectively of K. C. Chacko. Again the High Land Bank the claim was made on the footing of the overdraft account; against K. C. Chacko on the letter of guarantee and against M. C. Chacko, his brother, his sister and his mother as unive