Supreme Court of India · 1992-04-30
STATE BANK OF INDIA vs M/S. INDEXPORT .
- Citation / case number
- SC 1992/81455
- Court
- Supreme Court of India
- Petitioner
- STATE BANK OF INDIA
- Respondent
- M/S. INDEXPORT .
- Author
- YOGESHWAR DAYAL
- Bench
- YOGESHWAR DAYAL
Judgment text excerpt
The Supreme Court held that under Section 128 of the Contract Act, 1872, a decree-holder has the right to execute a money decree against a guarantor without first proceeding against the mortgaged property. The Court clarified that the decree is a composite decree, allowing simultaneous execution against all defendants, including the guarantor, and does not require the execution of the mortgage decree to be prioritized. The appeal by the decree-holder was allowed, affirming the right to choose the execution method without legal fetters.