Skip to content

CS Professional · Drafting, Pleadings and Appearances · Pleadings

Meera Traders obtained a money decree against Kalyan Pvt Ltd. During the suit, Rajan stood surety and personally undertook to pay the decretal amount if Kalyan defaulted. Kalyan defaulted. Under the Code of Civil Procedure, 1908 (Section 145), how may Meera Traders enforce the liability of Rajan?

Meera Traders can execute the decree directly against Rajan to the extent of his personal liability, as Section 145 provides. The Court must first be satisfied that sufficient notice was given to the surety. No separate suit is needed.

  1. ABy filing a fresh separate suit against Rajan on the guarantee
  2. BBy executing the decree against Rajan to the extent he rendered himself personally liable, after the Court gives him sufficient noticeCorrect
  3. CBy executing the decree against Rajan without any notice to him
  4. DBy executing the decree only against Kalyan Pvt Ltd, since a surety cannot be proceeded against

Explanation

Section 145 allows the decree or order to be executed against a surety who has rendered himself personally liable, to that extent. The proviso requires that the Court be satisfied that sufficient notice was given to the surety. A separate suit is unnecessary, and omitting notice is contrary to the proviso.

Did you get it right without looking?

One question tells you little. A timed set on Pleadings shows your real accuracy, how long you take and where you lose marks.

Practise PleadingsFree diagnostic mock

More Pleadings questions