Section 145 — Enforcement of liability of surety
Reaching the guarantor without a fresh suit. Where a person has furnished security or given a guarantee — for performing a decree, restoring attached property, or paying money / fulfilling a condition under a court order — the decree or order may be executed directly against him (personally, or by sale of the property he pledged, or both). He is deemed a party under § 47 — but only after sufficient notice.
How to read Section 145
When it applies (a)–(c)
A person has furnished security / given a guarantee — for performing a decree, restitution of attached property, or payment / a condition under a court order.
How it’s enforced (i)–(iii)
The decree / order is executed against the surety — personally, by sale of the pledged property, or both — in the ordinary way decrees are executed.
Party & notice
The surety is deemed a party under § 47 (so no separate suit) — provided he is first given sufficient notice.
The bare Act
Where any person [has furnished security or given a guarantee]1—
[the decree or order may be executed in the manner therein provided for the execution of decrees, namely:—
…and such person shall be deemed to be a party within the meaning of section 47]2:
Provided that such notice as the Court in each case thinks sufficient has been given to the surety.
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).
In short: a surety / guarantor who backed a decree, a restitution, or a payment / condition can be made to answer by execution of the very decree or order — against himself, or the property he pledged, or both — without a separate suit; he counts as a party under § 47, and must be given notice first.
→ § 145 spares the decree-holder a fresh suit against the surety: the liability is enforced in execution. The 1976 amendment widened “become liable as surety” to “furnished security or given a guarantee” and spelt out the modes (i)–(iii) and the § 47 deeming. The proviso protects the surety with a right to notice.
Key terms decoded
A person who furnishes security or gives a guarantee answering for another’s obligation — e.g. standing behind a judgment-debtor or an undertaking to the Court.
The surety must have backed one of three things: performance of a decree, restitution of attached property, or payment / a condition under a court order.
The liability is enforced by the ordinary execution machinery — not a new suit. The decree / order itself is executed against the surety.
Against him personally (i), by sale of pledged property (ii), or both (iii) — according to how he bound himself.
The surety is treated as a party to the suit, so questions about his liability go to the executing court — and a separate suit is barred.
Before execution against him, the surety must be given such notice as the Court thinks sufficient — a safeguard of natural justice.
The picture — reach the surety in execution
§ 145 makes a court-given guarantee immediately useful: if the principal defaults, the surety is reached through the same execution — quickly, as a party under § 47 — with notice as his only, but real, protection.
Part by part — secured, enforced, with notice
The section bites only where the surety backed one of three things under the Code — all tied to a decree or court order.
for the performance of any decree or any part thereof…
Security for the judgment-debtor’s performance of the decree — the surety stands behind the decree being satisfied.
for the restitution of any property taken in execution of a decree…
Security that property taken in execution will be given back if the decree is later reversed — the surety guarantees restitution (cf. § 144).
for the payment of any money, or for the fulfilment of any condition imposed on any person, under an order of the Court…
Security for paying money or fulfilling a condition the Court has imposed — in any suit or proceeding consequent on it.
How far the surety can be reached depends on how he bound himself — his person, the property he pledged, or both — and only to the extent of each.
if he has rendered himself personally liable, against him to that extent;
Where the surety took on a personal liability, execution runs against him — but only to that extent.
if he has furnished any property as security, by sale of such property to the extent of the security;
Where he pledged property, it is reached by sale — capped at the extent of the security.
if the case falls both under clauses (i) and (ii), then to the extent specified in those clauses…
If he bound both himself and property, both routes are available — each to its own extent.
Treating the surety as a party under § 47 is what makes execution — rather than a suit — the route; the proviso balances that speed with a right to be heard.
…and such person shall be deemed to be a party within the meaning of section 47.
The surety counts as a party — so questions about his liability are decided by the executing court, and a separate suit is barred.
Provided that such notice as the Court in each case thinks sufficient has been given to the surety.
Execution against the surety may proceed only after he has had sufficient notice — his safeguard of a fair hearing.
How the section flows
Backed a decree → reached in execution → as a party, after notice
Connected provisions
Section 145 belongs to Part XI’s restitution & relief group. It makes a surety answerable in execution — expressly tying him to § 47 (questions for the executing court, no separate suit), and often securing the very restitution § 144 commands.