Code of Civil Procedure Section 144. Application for restitution.
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, 1[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.
Note: 1. Subs. by Act 104 of
1976, s. 49, for certain words (w.e.f. 1-2-1977).
Code of Civil Procedure Section 146. Proceedings by or against representatives.
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