2023 CLC 2169
Liability of surety ,enforcement of
--- Section 145 of the Civil Procedure Code , 1908 , stipulates that when a person becomes surety for performance of any decree or its part , or restitution of any property taken in execution of decree or payment of any money under an order of the Court in any suit or proceedings , the decree can be executed against him to the extent for which surety has rendered himself personal lyliable in the manners provided therein --- After default has occurred there is no reason to absolve the surety from his liability to pay the agreed amount which has become due against him in view of principles laid down in S.128 of the Contract Act , 1872 and S. 145 of the Civil Procedure Code , 1908.
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