In an application under Section 28(b) of the Act the defendant in a bankruptcy suit must undisputedly satisfy the Court that he has sufficient ability to repay the debts for which he stands guarantee on behalf of the loanee and that he is not a willful defaulter. Merely because he stands as guarantee he is not entitled to an order for dismissal of the suit. 5

Emdadul Haque Bhuivan Vs. Bankruptcy Court & Ors 8 BLT (AD)-175.