Section 145 of The Code of Civil Procedure, 1908
Enforcement of liability of surety.
Where any person 1 [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, 2 [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.
Summary
- This law explains how to hold a "surety" (a person who provides a guarantee) liable for a case.
- It applies if someone gives a guarantee for performing a decree, returning property, or paying money.
- The Court can enforce the liability by treating the guarantee like a decree against the surety.
- If the surety gave property as security, the Court can sell that property to pay the debt.
- The surety is treated like a person involved in the original case for the purpose of carrying out the order.
- The Court must give the surety a notice that it thinks is sufficient before taking action.
Practical examples
FAQ
1. What is a surety under Section 145 of The Code of Civil Procedure, 1908?
A surety is a person who has furnished security or given a guarantee to fulfill a court's order.
2. How does the court collect money from a surety under Section 145 of the Civil Code?
The decree or order is executed against the surety in the same way as it would be against the person who lost the case.
3. Does a surety get a warning before their property is taken under Section 145?
Yes, the court must give the surety such notice as it thinks is sufficient.
4. Is a surety considered a party to the suit under Section 145 of the 1908 Act?
Yes, they are deemed to be a party for the purpose of Section 47, which handles carrying out court orders.
Test yourself
1.Under Section 145 of The Code of Civil Procedure, 1908, when can a decree be executed against a surety?
2.According to Section 145 of the Civil Code, how can the court recover money if a surety provided property as security?
3.Under Section 145 of The Code of Civil Procedure, 1908, what is required before the court takes action against a surety?
4.Under Section 145 of the Civil Procedure Code, a surety is considered a "party" within the meaning of which other section?