Niyam v2 is live — start for just ₹100 — 200 credits to try

april 1992

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.

STATE BANK OF INDIA vs M/S. INDEXPORT . · Niyam