Enforcement of liability of surety
Section 145 of the Code of Civil Procedure, 1908 deals with enforcement of liability of surety. Where any person [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, un The Act came into force on 01 Jan 1909.
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,
2 [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.
Section 145, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Arti Dixit vs Sushil Kumar Mishra
Court's Decision & Legal Precedent
When an applicant seeks to set aside an ex-parte decree under Order IX Rule 13 CPC in a Small Causes Court, the mandatory requirement of Section 17 of the Provincial Small Cause Courts Act 1887 requires that the applicant must either deposit the decretal amount or furnish valid security that is enforceable under Section 145 CPC. Security consisting of property belonging to a third party (such as a Municipal Corporation) which cannot be sold to enforce the surety does not satisfy the legal requirement of valid security. The failure of the Court to pass an order on an application under Section 17 does not excuse the applicant from furnishing legally valid and enforceable security within the prescribed period of 30 days. The security must be such that it can be enforced through sale of the property, and merely taking the surety on record without determining its sufficiency and enforceability does not constitute acceptance of valid security under the Act.
On this section: Enforcement of security provided by surety through sale of property; security must be such that it can be sold to recover the amount
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 145
What have the courts held on Section 145 of the Code of Civil Procedure?
Arti Dixit vs Sushil Kumar Mishra (18 May 2023) is the leading judgment on this section among those set out below: Enforcement of security provided by surety through sale of property; security must be such that it can be sold to recover the amount.
How do I find court cases under Section 145 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 145, section 145 CPC, section 145 of the Code of Civil Procedure. People searching for it also type cpc 145 2 and cpc 145 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Arti Dixit vs Sushil Kumar Mishra (18 May 2023).
What should I read with Section 145 of the Code of Civil Procedure, and has it changed?
Its own text turns on section 47 (Questions to be determined by the Court executing decree), so none of them can safely be read on its own. One instrument names it without being made under it, most recently APPENDIX H MISCELLANEOUS (1908).
When did Section 145 of the Code of Civil Procedure come into force?
Section 145 of the Code of Civil Procedure, cited as CPC 145, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.