Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 145 & O.XXXVII, R. 2---Suit for recovery of money---Enforcement of liability for surety---Scope---On plaintiff's application for execution of decree, the defendant provided surety bonds, and two persons had stood as surety for the production of the defendant before the court---Defendant failed to appear before executing court and before High Court on the hearing of his appeal against order of Trial Court---Plaintiff submitted that the sureties be fortified and the decretal amount be recovered from the said persons who stood sureties for the defendant---Validity---Decree or order became executable against a person who stood surety for the -debtor but only in cases described in S.145 of the C.P.C. and decree could be executed against such a person only to the extent for which such person rendered himself personally liable---Terms of the surety submitted, in circumstances, will be most relevant in determining the liability of such surety---Liabilities for a person who submitted sureties for the -debtor would be within the limits of the surety submitted by them---Terms of such bond submitted as sureties would be important---Perusal of said sureties submitted on behalf of the defendant revealed that the said persons who stood surety for the defendant only undertook to produce the defendant in person before the court till the time of decision , and in case of failure, they should be liable for payment---Terms of said sureties, did not speak of any undertaking given by them for payment of the decretal amount---Request of the plaintiff to render the said persons, who stood surety for the defendant, liable for payment of decretal amount could not be acceded to---High Court dismissed appeal of defendant for non-prosecution. JUDGMENT MRS. SYEDA TAHIRA SAFDAR, J.---Brief facts of the case are that the appellant Syed Saeed Rehman filed instant appeal thereby challenged order dated 8th November, 2010 of Additional District Judge-V, Quetta, whereby the suit filed by respondent No.1 Muhammad Azhar Jamal was decreed in his favour. Further, on an application filed for execution of the decree the appellant was committed to civil…

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