- (1.) This revision petition is directed against the order of the trial Court dated August 8, 11189 whereby issue No. 4 was treated as preliminary and was decided against the plaintiff-company.
(2.) According to the impugned order,the trial Court gave option to the plaintiff to sue the defendants of his choice and to delete the names of the defendants accordingly. Defendants Nos. 5 and 6 have been impleaded as guarantors. Their grievance is that they should not be fastened with liability for the whole amount whereas their liability only extends for which they have stood guarantee in case the suit is ultimately decreed.
(3.) The learned counsel for the plaintiff-company stated at the bar that though in the prayer in the plaint, a decree has been claimed against all the defendants, yet defendants No, 5 and 6 who are the guarantors will only be liable for the amount they stood guarantee. In view of this statement, the suit could not be held to be bad for misjoinder of parties. Admittedly, the loanee is one, but the guarantors-will be liable only to the extent they have stood guarantee. The suit could proceed as such without any further amendment as directed by the trial Court.;