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Bare acts > Code of Civil Procedure, 1908 > Section 145
 
  


 

145. Enforcement of liability of surety.- 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 fulfillment of any conditions 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 herein 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.

STATE AMENDMENT

UTTAR PRADESH.- For the existing Section 145, the following shall be substituted:

“145. Where any person has become liable as surety or given any property as security-

(a) for the performance of any decree or any part thereof; or

(b) for the restitution of any property taken in execution of any decree; or

(c) for the payment of any money, or for fulfillment 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 herein provided for the execution of decrees –

(i) if he has rendered himself personally liable, against him to that extent; and

(ii) if he has given any property as security, by sale of such property to the extent of the security;

and such person shall, for the purposes of appeal, 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.

Explanation—For the purposes of this section a person entrusted by a Court with custody of any property attached in execution of any decree or order shall be deemed to have become liable as surety for the restitution of such property within the meaning of clause (b)’ - UP. Act 24 of 1954, Section 2 and Schedule, Item 5, Entty 8, (30th November, 1954).

 

 

 

 

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