Rasheed Ahmad vs Additional District Judge S — 2025 MLD 1156 LAHORE-HIGH-COURT-LAHORE

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Rasheed Ahmad VS Additional District Judge S.145 ---Surety, liability of---Scope--- Principal's failure to satisfy decree during lifetime --- A surety who undertakes liability for a decree remains personally liable even after the death of the judgment debtor---Personal liability of surety survives death of judgment debtor --- Legal point which came up for determination before the High Court was as to "whether a surety who has undertaken personal liability under a surety bond for satisfaction of a decree can be discharged from such liability solely on account of the death of the judgment debtor"? --- Factual background of the case was that the petitioner filed a constitutional petition on the basis that the original judgment debtor, had passed away, thereby discharging the petitioner (who had furnished a surety bond) from any further liability --- The surety bond did not contain any clause absolving the surety in the event of the judgment debtor's death; hence, liability continued ---Petitioner's case was that any outstanding decree, after the demise of judgment debtor, could be satisfied from the estate of the deceased judgment debtor --- It was an admitted fact that the judgment debtor in his lifetime failed to discharge his liability under the decree, passed for maintenance allowance and dowry articles in favour of respondents Nos. 3 to 6 (wife and minor children)---Held: The terms of surety unambiguously provided that the petitioner undertook to pay amount of Rs. 1,034,000/- in case of failure by the judgment debtor to satisfy the terms of the decree --- Section 145 of the Civil Procedure Code, 1908 contemplates 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 proceedings, the decree can be executed against him to the extent for which the surety has rendered himself personally liable in the manners therein---The death of judgment debtor could not in law release the surety from his obligation when there was no stipulation to that effect in the bond---No case of interference was made out, hence, in circumstances, the constitutional petition was dismissed in limine.

Rasheed Ahmad vs Additional District Judge S — 2025 MLD 1156 LAHORE-HIGH-COURT-LAHORE

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