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CS Professional · Drafting, Pleadings and Appearances · Pleadings

Anita furnished her own warehouse as security for restitution of goods taken in execution of a decree, but did not make herself personally liable. The restitution failed. Under Section 145 of the Code of Civil Procedure, 1908, how can the liability be enforced against her?

The warehouse can be sold to the extent of the security furnished, after the Court gives sufficient notice to Anita. Her other assets are not reachable because she did not render herself personally liable. Section 145 allows execution without a separate suit.

  1. ABy sale of the warehouse to the extent of the security, after notice to herCorrect
  2. BAgainst her personal assets without limit
  3. COnly by arresting her
  4. DBy a separate suit for damages

Explanation

Under Section 145(ii), where a person has furnished property as security, the decree or order is executed by sale of that property to the extent of the security. Personal liability applies only if she rendered herself personally liable. Notice to the surety remains required.

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