• Ignorance - The mere fact of ignorance cannot be a valid ground - Settlement was not within the knowledge of the guarantor as she had not signed the joint memo signed by her son -  C stood a guarantor  Property mortgaged to bank  High Court Lok Adalat passed an award whereunder the borrower agreed to pay amount as final settlement of the claim of the Bank - Settlement was not within the knowledge of the guarantor C  as she had not signed the joint memo - One of her sons N  has signed it - Her advocate has also signed the Joint Memo -  Only later she learnt that the property has been ordered to be sold by auction - Also learnt about the signing of Joint Memo by N  (her son) and the Bank - The respondent, and her son, who signed the joint memo, were residing in the same house - No reason why the Respondent would not know of the joint memo, when she could have by reasonable means made herself aware of the proceedings. (2016)3 P.L.R. SC 542

Register SCeJ  Free Updates*


Supreme Court e@journal
PUNJAB LAW REPORTER


Subscribe or take a 4 week FREE trial 

Note: Please fill out the fields marked with an asterisk.