SAHARA TRADING INTERNATIONAL (PVT.) LIMITED THROUGH CHIEF EXECUTIVE versus BANK ALFALAH LIMITED THROUGH MANAGER CREDIT AND CHIEF MANAGER
Sections 9 and 10 of the Contract Act (X of 1872), the application for leave to defend the bankruptcy law and the defense of the question related to the facts, increase the non-performance of the co-defendant suit, the defendant's volatility nor the debt Refusing to avail of the facility, nor did he deny the defendant's guarantee that the loan was obtained through a bank guarantee provided by another bank, and that the plaintiff's bank was transferred to another bank. The guarantee provided should have been enclosed, so the case was further raised to the premature defendant, suggesting that the surety bank was a party. Without enforcing, the general rule regarding the statutory limitation on the joint and simultaneous liability of the principal debtor and surety / securities was enforced in the provisions of section 128 of the Contract Act, 1872, if so Agreed between the other clause. The parties, the provisions of section 128 of the Contract Act, 1872, shall be enforceable and under section 128 of the Contract Act, 1872, ld the dominant lender cannot be bound and may not always be involved in legal proceedings. Only includes all loan guarantees, except the principal debtor, who in each case was primarily responsible for paying the debt. And the lender is suing to recover against the principal debtor alone or to join any of the guarantors and leave the guarantee against any of the partner guarantees. Particularly when each of the guarantees of the contract was independent in nature and had no effect on each other, the plaintiff's company sought no leave for leave to defend the case.
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