Supreme Court of India

Raja Bahaduri Dhanraj Girji v. Raja P. Parthasarathy Rayanimvaru and Others.

Neutral citation
Reported as [1963] 3 S.C.R. 921
Bench P.B. Gajendragadkar J.
Decided 4 September 1962

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

From the headnote

Surety Bond-Executed in favour of Court-Compromise decree in the Jiroceeding, if effects a discharge-Equitable rule­ _lndian Contract Act, 1872 (9 of 1872), ss. 135, 126. Although s. 135 of the Indian Contract Act does not in terms apply to a surety bond executed in favour of the court, there can be no doubt that the equitable rule underlying that section must apply to it. The reason for the said rule which entitles the surety to a discharge is that he must be able at any time either to require the creditor to call upon the princi­ pal debtor to pay off his debt, or himself to pay the debt

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