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Section 145 – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

145. 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 decree, 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-Substitute the following for section 145;

 

“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 the fulfilment of any condition imposed on any person, under an order of the Court in any suit or in any proceeding consequent there on, 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).”

 

[Vide U.P. Act No. 24 of 1954, sec. 2 (w.e.f. 30-11-1954)].

 

 

1. Subs. by Act 104 of 1976, sec. 49 for “has become liable as surety” (w.e.f. 1-2-1977).

2. Subs. by Act 104 of 1976, sec. 49 for certain words (w.e.f. 1-2-1977).

 

 

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Civil Procedure Code 1908

 

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