Liability of the surety who's on the record, when a award is passed against a deceased
It is made clear above that if any one of the parties died, the entire suit does not abate. If the cause of action is surviving, then the suit can be proceeded against other defendants as per order of erstwhile High Court of Andhra Pradesh in C.R.P.No.50 of 2014, dated 07.02.2014. The copy of the order is placed on record by the learned counsel for the appellant across the bench. Therefore, there is liability on the part of the sureties to pay the amount. In the instant case also, the 4th respondent is also on record and shown as surety for the 1st respondent, who is liable to pay the same.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Dr. K. MANMADHA RAO, J. C.R.P.No. 3595 of 2015 DECIDED ON : 23-09-2023 Margadarsi Chit Fund Ltd., Visakhapatnam rep., by its Manager Vs. Moturi Gnana Prakash and others
12/17/20241 min read