1. The legality, propriety and validity of the order passed by the 9th Joint Civil Judge, Junior Division, Nagpur on 3rd September 2016 below application at Exhibit-12, in execution proceedings bearing R.D. no. 97/2013, is challenged in this revision. The impugned order was passed on the application filed by the judgment debtor no.3 i.e. original defendant no.3 in R.C.S. No. 1440/2001, for dismissal of the execution proceedings against him. Learned Executing Court rejected the said application and hence being aggrieved thereby, he has approached this court, invoking its revisional jurisdiction.

2. The legal issue involved in this revision application is whether a suit, initiated as a composite suit against the borrower and sureties, can be proceeded with and can the liability be fastened on the sureties alone, when the suit stands abated against the original borrower/principal debtor ?

Facts, which are relevant, for deciding this issue can be stated as follows:

3. On 24/05/2001, Regular Civil Suit No. 1440/2001 was filed by respondent No.1 the decree holder against the defendant no. 1 principal debtor and against defendant no.2 and 3 who were the sureties of defendant no.1,