the Bank of Bihar Limited v. Dr. Damodar Prasad and Anr. [AIR 1969 SC 297.] In the said matter, the Supreme Court has observed that under Section 128, save as provided in the contract, the liability of the surety is co-extensive with that of the principal-debtor. The surety becomes liable to pay the entire amount. His liability is immediate. It is not deferred until the creditor exhausts his remedies against the principal-debtor. In the absence of some special equity the surety has no right to restrain an action against him by the creditor on the ground that the principal is solvent or that the creditor may have relief against principal in some other proceedings. Likewise where the creditor has obtained a decree against the surety and the principal, the surety has no right to restrain execution against him until the creditor has exhausted his remedies against the principal. The Supreme Court further observed that in the matter in hand the plaintiff could obtain a decree against the surety and the principal-debtor. In the said matter, the plaintiff filed a suit and could obtain a decree against the principal-debtor so also against the surety with an embargo that plaintiff should be at liberty to enforce its dues against the surety only after exhausting its remedies against the principal debtor. The Supreme Court observed that direction for postponing the payment of decretal amount must be specific and must give sufficient reasons. It was further observed that the surety was duty bound to pay the decretal amount and on such payment the would be subrogated to the rights of the creditor under Section 140. The Apex Court was also of the opinion that such a direction would make the decree useless and would also make the surety useless. In the said matter, the creditor proceeded against the original debtor so also against the surety and in the joint action he could secure a decree against both. The Supreme Court was of the opinion that putting such a restriction on the right of the creditor would not be in accordance with law.
Your rating matters least to me
but the law is well settled [as quoted above from the extract of a Supreme Court judgment]
its not that in your case the debt has become time barred
the debt is within time, thus bank can move against surety/guarantor without taking action against the principal borrower
had the debt become time barred, then the bank could not have sought to recover its dues from your salary account towards discharge of your obligation as a guarantor
however despite the above there is one remedy which you have
if the bank has sought to recover the loan from you by asking your company to transfer your salary to the bank against the loan repayment, then since you will be discharging your obligation of a guarantor, you have the right to sue your brother to recover the amount from him
also you have one more right
the property which is mortgaged with the bank by your brother will be considered as a security for you which you can then sell by public auction to recover the moneys which you had to pay to the bank due to your guarantorship
so understand the law first before giving your stupid ratings