Section 145: Enforcement of liability of surety

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
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Legal Commentary & Landmark Judgments: Section 145

Section 145 establishes the summary enforcement of liability of sureties, providing that where any person has furnished a guarantee or bond for performance of a decree, restitution, or payment of money, the decree or order may be executed against him personally in the same manner as a decree.

  • Summary Enforcement Against Surety: Where any person has become liable as surety: (a) for the performance of any decree or any part thereof, (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 condition imposed on any person under an order of the court.
  • Direct Execution Without Separate Suit: The decree or order may be executed in the manner provided for execution of decrees: against him personally if he has rendered himself personally liable; and to the extent of such property if he has pledged property.
  • Deemed Judgment-Debtor Status: Surety is deemed to be a judgment-debtor under Section 47 for all execution and appeal purposes.
  • Mandatory Notice to Surety: Provided that such notice as the court in each case thinks sufficient has been given to the surety prior to issuing attachment.
Key Landmark Precedents:
  • Bank of Bihar Ltd. v. Damodar Prasad, AIR 1969 SC 297: The Supreme Court authoritatively analyzed surety liability, holding that the liability of the surety is co-extensive with that of the principal debtor; under Section 145, a decree can be executed immediately against the surety without first exhausting remedies against the principal debtor.
  • Mahadeo Prasad Singh v. Ram Lochan, (1980) 4 SCC 354: Affirmed that Section 145 creates a summary execution remedy, eliminating the necessity of filing a fresh civil suit against the surety on the bond.
Courtroom Practice & Strategic Litigation Guidance:

If a defendant's stay of execution was granted upon furnishing a third-party surety bond under Order 41 Rule 5, you can execute the final decree directly against the surety's personal bank accounts under Section 145 upon issuing simple notice.