MASOOD-UL-HASSAN vs ADDITIONAL DISTRICT JUDGE S — 2024 CLC 1744 LAHORE-HIGH-COURT-LAHORE

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MASOOD-UL-HASSAN VS ADDITIONAL DISTRICT JUDGE S.5, Sched.---Contract Act (IX of 1872), S.128---Civil Procedure Code (V of 1908), S.145---Suit for recovery of maintenance allowance and dowry article---Execution proceedings---Satisfaction of decree by grandfather of minors---Extent and scope---Surety's liability---Contention of the petitioner being surety of grandfather of minors was that he was only responsible for satisfaction of decree to the extent of his surety given for grandfather of minors, but not for the satisfaction of the whole decree---Validity---Grandfather of the minors could be bound only to the extent of maintenance of the minors being their grandfather, if he had easy circumstances to pay the same---When the courts had let off/released the grandfather from the responsibility of satisfying the decree, then how his surety (petitioner) was responsible to satisfy the same---Contract of surety provided that the maximum liability of surety was to the tune of Rs.400,000/----Orders of Executing Court did not mention that the grandfather would arrange a surety for the payment of the entire decretal amount--- Petitioner stood suretyfor a specific amount which he had paid before the Executing Court on different occasions as detailed in the application to discharge him from the liability of surety---Said fact was not denied by the respondents, therefore, the petitioner had satisfied the amount for which he stood surety---Constitutional petition was accepted accordingly. Citation Name: 2024 CLC 1744 LAHORE-HIGH-COURT-LAHORE MASOOD-UL-HASSAN VS ADDITIONAL DISTRICT JUDGE S.128---Surety's liability---Scope---Surety's liability is co-extensive with that of the judgment-debtor and he is as much bound by his undertaking as is the judgment-debtor and both are collectively and severely liable to make payment to the decree-holder---While construing the tenure and extent of surety bond, the words and recitals of the surety bond must be taken into consideration to gather the intention of the executant of said bond and the bond must be strictly construed---Surety is liable only upto the extent to which he is clearly bound.

MASOOD-UL-HASSAN vs ADDITIONAL DISTRICT JUDGE S — 2024 CLC 1744 LAHORE-HIGH-COURT-LAHORE

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