Surinder Singh v. State Of Haryana And ORS

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.2875 of 2015 Date of Decision.23.02.2015 Surinder Singh .......Petitioner

Versus

State of Haryana and others ......Respondents

Present:

Ms. Minakshi Poswal, Advocate for Ms. S.K. Mamli, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

The petitioner cannot force a creditor to seek for enforcement of debt against one portion of the land from the joint debtors. The liability in Indian law of any debt is joint and several in the absence of contract to the contrary and it shall be left to the creditor to choose the person from whom the recoveries will be made. It will be left to the joint debtor to seek for contribution from the other person who has also suffered obligation after making the payment more than his share. I cannot pass the order in the manner in which it is sought for the bank to realize one half of the loan from the person who has has half share in the property for which loan had been obtained. 2.

The writ petition is dismissed.

(K. KANNAN) JUDGE February 23, 2015 Pankaj* PANKAJ KUMAR 2015.02.25 11:37 I attest to the accuracy and integrity of this document