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2003 Supreme(Ker) 54

R.RAJENDRA BABU
Smt. P. K. Radhamony – Appellant
Versus
Canara Bank – Respondent


Judgment :-

This appeal is at the instance of the defendant in O.S. 35/88 before the Principal Sub Court , Alapuzha. The respondent- plaintiff, Canara Bank, Mullaickal Branch, represented by its Manager filed the suit for realization of money. The plaintiff bank advanced the cash credit facilities including documentary bills purchase limits to Sri. A.G. Sudhakaran, the proprietor of M/S. Eastern Trading Corporation, Zakeria Bazar, Alapuzha, and Smt. K.S. Radhamoni the appellant wife of Sri. Sudhakaran (the principal debtor), executed a continuing guarantee on 5.8.1980. When there was default in paying an amount, the bank filed O.S. 233/83 against Sri. Sudhakaran for Rs. 16,668.92/- and the decree was obtained him on 29.6.84. At the time of filing O.S. 233/83, the appellant - guarantor was not made a defendant in the above suit. It was the case of the bank that the guarantee executed by the appellant was a continuing one and the above guarantee was not revocked by the guarantor by issuing any notice as provided in the deed of the guarantee and as such the suit was not barred by limitation and accordingly the bank filed the suit O.S. 35/88 for realization of a total sum of Rs. 30,671









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