MOWLAVI HAJI MUHAMMAD ABDUL BAQI Vs. KANURU SUNDARARAMAYYA

JUDGEMENT

(1.) The appellant by a letter (Ex. A) dated October 7, 1930, undertook to be surety for the payment of a decree-debt due by his brother. The letter recited that the decree-holder had agreed not to execute his decree against the brother on the representation that it would be fully satisfied before the e April, 1931, and it concluded with these words: If we fail to so pay the amount to you, not only will my younger brother be liable therefor, but you can take proceedings against our properties and against us and we shall not raise any objection thereto.

(2.) It is clear from the terms of Ex. A that the appellant had made himself personally liable to the decree-holder as surety for the payment of the decree against his brother. The learned Subordinate Judge has ordered execution to issue against the appellant as surety, and it is from this order that he has appealed. The question turns upon the construction of Section 145 of the Civil Procedure Code, of which the material portion runs as follows: Where any person has become liable as surety (a) for the performnnce of any decree or any part thereof the decree may be executed against him, to the extent to which he has rendered himself personally liable in the manner herein provided for the execution of the decrees. Provided that such notice as the Court in each case thinks sufficient has been given to the surety.

(3.) This apparently means that where a person has made himself personally liable as surety for the performance of a decree it can be executed against him as though he were a party to the suit and the judgment-debtor.