Law:

Section:

(a) Civil Procedure Code (V of 1908)--------Ss. 47 & 145---Contract Act (IX of 1872), S.126---Decree, enforcing of--­Liability of surety/guarantor---Scope---Decree-holder could successfully enforce decree against -debtor or in alternative against guarantor---Liability of guarantor being co-extensive with -debtor, decree-holder had a right to enforce the decree straightaway against the surety. (b) Civil Procedure Code (V of 1908)--- ----0. XXI, R. 58---Second objection petition---Validity---Where earlier objection petition against order of attachment of property was dismissed by executing Court, second petition on the similar plea was not maintainable. (c) Civil Procedure Code (V of 1908)--- ----Ss. 47, 145 & 104---Appeal, competency of---Execution proceedings against surety---Validity---Surety under provisions of S.145, C.P.C. was deemed as party and objector within meaning of S.47, C.P.C.---Appeal under S.104, C.P.C. against order deciding objection regarding executability of decree against surety was maintainable. (d) Civil Procedure Code (V of 1908)--- ----Ss. 12(2), 36 & O.XXI, R.10---Execution of decree--Pendency of application under S.12 (2), C.P.C.---Effect---Where no stay against execution of decree was passed, mere pendency of application under S.12(2), C.P.C. would not suspend the operation of decree passed by Court of competent jurisdiction. (e) Civil Procedure Code (V of 1908)--- ----Ss. 47, 1!45 & 104---Contract Act (IX of 1872), S.126---Recovery of decretal amount from surety---Respondent stood surety in objection petition filed in execution proceedings---Objection petition was dismissed and respondent was discharged of the surety by the Executing Court---Validity---In absence of any proof as to discharge of liability by the -debtors the executing Court ,could legally proceed against the surety for the recovery of the amount to the extent of decree---Order of the Executing Court suffered from material illegality, perversity of reasoning and error of jurisdiction, hence the same could not sustain---Order of discharge of surety was set aside in circumstances. JUDGMENT This order will decide First Appeal from Order No.22 of 1994,…

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