Section 145 of CPC : Section 145: Enforcement of liability of surety.

Explanation using Example

Example 1:

Scenario: Rajesh is a surety for his friend Suresh, who has taken a loan from a bank. Suresh fails to repay the loan, and the bank obtains a decree from the court for the repayment of the loan amount.

Application of Section 145:

• Clause (a): Rajesh had given a guarantee for the performance of the decree (repayment of the loan).
• Execution: The court can enforce the decree against Rajesh. If Rajesh had rendered himself personally liable, the court can order Rajesh to pay the loan amount. If Rajesh had provided property as security, the court can order the sale of that property to recover the loan amount.

Example 2:

Scenario: Meena is a surety for her brother Ramesh, who is involved in a property dispute. The court orders Ramesh to return a piece of land to the rightful owner, but Ramesh fails to comply.

Application of Section 145:

• Clause (b): Meena had given a guarantee for the restitution of the property taken in execution of the decree.
• Execution: The court can enforce the decree against Meena. If Meena had rendered herself personally liable, the court can order her to ensure the return of the property or compensate the rightful owner. If Meena had provided property as security, the court can order the sale of that property to compensate the rightful owner.

Example 3:

Scenario: Anil is a surety for his business partner Sunil, who is required to pay a fine imposed by the court for violating a contract condition. Sunil fails to pay the fine.

Application of Section 145:

• Clause (c): Anil had given a guarantee for the payment of the fine imposed by the court.
• Execution: The court can enforce the decree against Anil. If Anil had rendered himself personally liable, the court can order Anil to pay the fine. If Anil had provided property as security, the court can order the sale of that property to recover the fine amount.

Example 4:

Scenario: Priya is a surety for her cousin Ravi, who is required to fulfill certain conditions imposed by the court in a civil suit. Ravi fails to fulfill these conditions.

Application of Section 145:

• Clause (c): Priya had given a guarantee for the fulfillment of the conditions imposed by the court.
• Execution: The court can enforce the decree against Priya. If Priya had rendered herself personally liable, the court can order Priya to fulfill the conditions or compensate for the failure. If Priya had provided property as security, the court can order the sale of that property to compensate for the failure to fulfill the conditions.