Question

According to clauses (i),(ii) and (iii) of section 145 of the code of civil Procedure a surety:

• A. May render himself personally liable
• B. He may only give a change upon his property
• C. He may undertake a personal liability and charge his property as further charge
• D. All of these

Hint:

In questions with an "All of these" option, check each statement for its individual validity. If you can confirm that more than one statement is correct, the "All of these" option is very likely the intended answer. Also, be mindful of potential typos in question papers (like 'change' for 'charge') and interpret reasonably.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question is about the nature of liability a surety can undertake, which can be enforced under Section 145 of the Code of Civil Procedure, 1908. Section 145 provides a summary procedure for the execution of a decree or order against a surety, treating them as a party to the suit for the purposes of execution and appeal.

Step 2: Detailed Explanation:
Section 145 of the CPC states that where any person has furnished security or given a guarantee for the performance of a decree, restitution of property, or payment of money, the decree or order may be executed against them "to the extent to which he has rendered himself personally liable". A surety's liability can be structured in several ways:
\[\begin{array}{rl} \bullet & \text{(A) May render himself personally liable: A surety can give a personal bond, making them personally liable to pay the amount if the principal debtor defaults. This is a primary form of suretyship and is directly covered by the language of Section 145. } \\ \bullet & \text{(B) He may only give a charge upon his property: (Assuming 'change' is a typo for 'charge'). A surety can also offer a specific immovable property as security without undertaking a general personal liability. In this case, the liability is limited to the value of that property. This is also a valid form of furnishing security. } \\ \bullet & \text{(C) He may undertake a personal liability and charge his property as further charge: A surety can combine both forms of security. They can undertake personal liability and also create a charge on their property as collateral security for that undertaking. This is a very common practice. } \\ \end{array}\] Since a surety can undertake liability in any of these forms—personal liability alone, a charge on property alone, or a combination of both—all the statements describe possible scenarios for a surety's liability. Therefore, 'All of these' is the most comprehensive and correct answer.

Step 3: Final Answer:
The correct answer is (D). All the options represent valid ways in which a surety can structure their liability, which can then be enforced through the summary procedure under Section 145 of the CPC.