Law:

Section:

(a) Civil Procedure Code (V of 1908)----------Ss. 47 & 145---Execution of decree---Liability of surety---Surety not arrayed as a party to suit or appeal---Execution of decree against such surety---Validity---Decree passed against a -debtor could also be executed against such surety, which was not even arrayed as a party to suit or appeal---Liability of the surety was co-extensive with the -debtor and continued till such tune that the decree was either satisfied by the -debtor or by the surety. (b) Civil Procedure Code (V of 1908)--- ----S. 145---Expression "deemed to be", appearing in S.145, C.P:C.--­Meaning and scope---Such expression refers to the law whereby a thing is presumed to be in existence while in fact it is not in existence---Liability of 'surety in execution proceedings---Surety need not be made a party to the proceedings until execution is sought against such Person. Khan Muhammad Ishaq Khan v, Azad Sharma Transport Co. Ltd. and others PLD 1953 Lah 22; Cholappa Gattina Sanna and another v. Ramchandra Anna Pai AIR 1920 Bom. 331 and Parkash Chand Mahajan v. Madan Theatres Ltd. AIR 1936 Lah. 463 ref. (c) Words and phrases--- ----Expression "Deemed to be"---Meaning---Such expression refers to the law whereby a thing is presumed to be in existence, which in fact is not in existence. Khan Muhammad Ishaq Khan v. The Azad Sharma Transport Co. Ltd. and others PLD 1953 Lah 22: Cholappa Gattina Sanna and another v. Ramchandra Anna Pai AIR 1920 Rom. 331 and Parkash Chand Mahajan v. Madan Theatres Ltd. AIR 1936 I ah 463 ref. (d) Interpretation of agreement-- ---- While interpreting an agreement, it is necessary to see the intention of the parties as can be gathered from the circumstances leading to the agreement itself and the words of various clauses used therein. Raj Raghubar Singh and another v. Jai Indra Bahadur Singh AIR 1919 PC 55 ref. (e) Civil Procedure Code (V of 1908)--- ----Ss. 147 & 96---Appeal---Liability of surety---Scope---Appeal was continuation of suit---If appeal was accepted, the liability of the surety was revived---Such revived liability could be enforced against the surety. Pindi v. U. Thaw Ma and another AIR 1931 Rang. 281(2);…

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