Section 145 of CPC : Section 145: Enforcement Of Liability Of Surety

Explanation using Example

Imagine a scenario where Mr. A wins a lawsuit against Mr. B, and the court orders Mr. B to pay a sum of money to Mr. A. Mr. B does not have sufficient funds, so Mr. C agrees to act as a guarantor for Mr. B and provides a guarantee to the court. Mr. B then fails to pay the money as per the decree.

Under Section 145 of The Code of Civil Procedure, 1908, since Mr. C has given a guarantee for the payment, the court can execute the decree against Mr. C to recover the money. If Mr. C had furnished his property as security, the court could order the sale of that property to satisfy the decree.

However, before the court proceeds with the execution against Mr. C, the court will ensure that Mr. C has been given sufficient notice regarding the execution proceedings, as he is considered a party to the case in this context.