The petitioner takes objection to the execution of decree claiming that he is only a surety and the Bank is seeking to proceed against him while the principal debtor who is the first debtor has property of his own and the Bank has a right to proceed against his property. 2. Learned Standing Counsel appearing for the 1st respondent-Bank pointed out that the original petition itself is premature because the case is posted to today before the court below only for return of notice issued to the 2nd judgment debtor under Order 21 Rule 37 of the Code of Civil Procedure. It is pointed out that it is open to the petitioner to urge his contentions before the execution court and satisfy that court that he cannot be proceeded against.
3. There seems to be considerable force in the submission made by the learned Standing Counsel for the 1st respondent-
O.P.(C) No.2763/2014 2 Bank. As per Ext.P4, what is seen is that the case is posted to today for return of notice issued to the 2nd judgment debtor who is the petitioner before this Court.
It will be open to the petitioner to urge his contentions before the execution court and certainly the execution court will consider the matter before proceeding further against the petitioner.
This Original Petition is disposed of as above.
Sd/-
P.BHAVADASAN JUDGE smp