THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.4168 of 2008 ORDER: The 1st respondent filed O.S.No.437 of 2005 in the Court of Junior Civil Judge, Railway Kodur, against the 2nd respondent and the petitioners, for recovery of amount covered by a chit transaction. The suit was decreed on 13.06.2007. After the decree became final, the 1st respondent filed E.P.No.62 of 2007 against the 2nd respondent and the petitioners. However in the course of the proceedings, the 1st respondent did not press the E.P. against the principal debtor i.e., 2nd respondent. The executing Court ordered attachment of the salaries of all the three petitioners through order, dated 22.07.2008. The same is challenged in this revision. Heard the learned counsel for the petitioners and the learned counsel for the 1st respondent. The petitioners herein figured as guarantors for a chit transaction between respondents 1 and 2. The suit filed by the 1st respondent for recovery of the amount was decreed. It is true that the E.P. was filed against all the four judgment debtors. Basically, it is for the 2nd respondent herein i.e., the subscriber to the chit, to clear the amount. It is only when the efforts made by the 1st respondent to recover the amount from the 2nd respondent fail, that the occasion to proceed against the petitioners would arise. It is true that it is open for a decree holder to proceed against the principal debtor and the sureties at a time. In the instant case, the 1st respondent has chosen not to press the E.P. against the principal debtor and decided to proceed against the sureties i.e., petitioners herein. Such a course is impermissible in law. In a way, it may suggest collusion between respondents 1 and 2 also. Therefore, the civil revision petition is allowed and the order under revision is set aside. It is however made clear that it shall be open to the 1st respondent to proceed against the 2nd respondent first and in case, all the steps available to it against the 2nd respondent fail, it shall be open to it to proceed against the petitioners. There shall be no order as to costs. __________ 21.07.2010 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.4168 of 2008 Date: 21.07.2010 JSU