CPC 145 — Enforcement of liability of surety

Code of Civil Procedure, 1908

Statutory text

Where any  person

[has  furnished  security  or  given  a guarantee]—
(a) for the performance of any decree or any part thereof, or
(b) for the restitution of any property taken in execution of a decree, or
(c) for the payment of any money, or for the fulfilment of any condition imposed on any person,
under an order of the Court in any suit or in any proceeding consequent thereon,

[the  decree  or  order  may  be  executed  in  the  manner therein  provided  for  the  execution  of  decrees, namely:—
(i) if he has rendered himself personally liable, against him to that extent;
(ii)  if  he  has  furnished  any  property  as  security,  by sale  of  such  property  to  the  extent  of  the
security;
(iii) if the case falls both under clauses (i) and (ii) then to the extent specified in those clauses,
and such person shall, be deemed to be a party within the meaning of section 47]:
Provided that such notice as the Court in each case thinks sufficient has been given to the surety.

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