30 Apr 2026 12:07 PM

Execution Petition--Surety and Guarantor--Pendency of Execution Petition Against Principal Borrower No Bar to Separate Execution Against Guarantor Under Section 145 CPC

Section 145 of the Code of Civil Procedure does not bar a decree holder from filing a separate execution petition against a surety or guarantor while another execution petition against the principal borrower remains pending. A decree holder is not obligated to first exhaust remedies against the primary borrower before proceeding against the guarantor. Pendency of one execution petition against a judgment debtor is not a legal bar to instituting another execution petition against the remaining judgment debtors.

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