civil pleading - Application_Section145_CPC_Execution_Decree_Against_Surety_Clean_Format
Category: Civil Law Documents
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APPLICATION UNDER SECTION 145 OF THE CODE OF CIVIL PROCEDURE APPLICATION FOR EXECUTION OF DECREE AGAINST SURETY IN THE COURT OF THE.................... Misc. Application No..................... of 19.................... Under Section 145 of the Code of Civil Procedure in Execution No.................... of 19.................... A. B........................................................ Decree-Holder VERSUS C. D........................ Judgment Debtors/Opposite Parties Sir, The decree-holder most respectfully submits as follows: 1. That the opposite Party No. 1 stood surety for the opposite Party No. 2 in execution of decree in suit No..................... between.................... versus.................... in the Court of Appeal, that is to say, the 1st Additional District Judge,.................... and bound himself through his surety bond to deposit Rs.....................
, the decretal amount, decreed against opposite party No. 2. 2. That the appeal was dismissed with costs on.................... 19.................... by the learned Additional District Judge aforesaid. 3. That the Opposite Party No. 2 went up in second appeal in the High Court but that Second Appeal No..................... of 19.................... was also dismissed summarily/after final hearing, on.................... 19.................... 4. That now the Decree-holder/Appellant wants the decree to be executed against the Opposite Party No. 1 and in the alternative against Opposite Party No. 2, the main judgment-debtor, and for the purpose the opposite parties may be summoned and ordered to deposit the amount aforesaid in court.
PRAYER It is therefore most respectfully prayed that this learned Court may be pleased to summon the opposite parties and order them to deposit the decretal amount in court. Dated.................... 19.................... Counsel for the Decree-holder