Lawgist145Enforcement 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.
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1. Subs. by Act 104 of 1976, s. 49, for "has become liable as surety" (w.e.f. 1-2-1977)..
2. Subs. by s. 49, ibid for certain words (w.e.f. 1-2-1977).
- 132 Exemption of certain women from personal appearance
- 133 Exemption of other persons
- 134 Arrest other than in execution of decree
- 135 Exemption from arrest under civil process
- 135A Exemption of members of legislative bodies from arrest and detention under civil process
- 136 Procedure where person to be arrested or property to be attached is out side district
- 137 Language of subordinate Courts
- 138 Power of High Court to require evidence to be recorded in English
- 139 Oath on affidavit by whom to be administered
- 140 Assessors in causes of salvage, etc
- 141 Miscellaneous proceedings
- 142 Orders and notices to be in writing
- 143 Postage
- 144 Application for restitution
- 145 Enforcement of liability of surety
- 146 Proceedings by or against representatives
- 147 Consent or agreement by persons under disability
- 148 Enlargement of time
- 148A Right to lodge a caveat
- 149 Power to make up deficiency of court-fees
- 150 Transfer of business
- 151 Saving of inherent powers of Court
- 152 Amendment of judgments, decrees or orders
- 153 General power to amend
- 153A Power to amend decree or order where appeal is summarily dismissed
- 153B Place of trial to be deemed to be open Court
- 154 [Repealed.]
- 155 [Repealed.]
- 156 [Repealed.]
- 157 Continuance of orders under repealed enactments
- 158 Reference to Code of Civil Procedure and other repealed enactments
