Execution of decree passed by Family Court --- Decretal amount not paid by judgment - debtor --- Liability of surety , enforcement of -

2023 CLC 2169

 Execution of decree passed by Family Court --- Decretal amount not paid by judgment - debtor --- Liability of surety , enforcement of --- Proceedings against the surety --- Contention of the petitioner / surety was that he stood surety only for a certain amount and not for entire satisfaction of decree , while said / certain amount had already been paid by him during execution proceedings , therefore , he was liable to be released and his property de - attached --- Validity --- Record revealed that the judgment - debtor was sent to civil prison due to non - payment of decretal amount and thereafter , the petitioner , being surety , was summoned to satisfy the decree --- It was also evident from the contents of the surety bond as well as the statement recorded before the Court by the petitioner / surety , that he himself had made him liable to pay the decretal amount in place of the judgment - debtor on his failure to satisfy the decree , thus , the petitioner later could not wriggle out of his own undertaking --- However , High Court directed the Executing Court to decide the pending objection petition of surety after framing of issues and recording of evidence of parties regarding the amount paid or to be paid by the petitioner / surety to the decree - holder --