𝐀 𝐒𝐮𝐫𝐞𝐭𝐲 𝐜𝐚𝐧 𝐛𝐞 𝐌𝐚𝐝𝐞 𝐏𝐞𝐫𝐬𝐨𝐧𝐚𝐥𝐥𝐲 𝐋𝐢𝐚𝐛𝐥𝐞 𝐭𝐨 𝐭𝐡𝐞 𝐄𝐱𝐭𝐞𝐧𝐭 𝐇𝐞 𝐒𝐭𝐚𝐧𝐝𝐬 𝐒𝐮𝐫𝐞𝐭𝐲.

𝐀 𝐒𝐮𝐫𝐞𝐭𝐲 𝐜𝐚𝐧 𝐛𝐞 𝐌𝐚𝐝𝐞 𝐏𝐞𝐫𝐬𝐨𝐧𝐚𝐥𝐥𝐲 𝐋𝐢𝐚𝐛𝐥𝐞 𝐭𝐨 𝐭𝐡𝐞 𝐄𝐱𝐭𝐞𝐧𝐭 𝐇𝐞 𝐒𝐭𝐚𝐧𝐝𝐬 𝐒𝐮𝐫𝐞𝐭𝐲. 𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭 𝐜𝐚𝐧𝐧𝐨𝐭 𝐢𝐧𝐭𝐞𝐫𝐟𝐞𝐫𝐞 𝐰𝐢𝐭𝐡 𝐭𝐡𝐞 𝐜𝐨𝐧𝐜𝐮𝐫𝐫𝐢𝐧𝐠  𝐟𝐢𝐧𝐝𝐢𝐧𝐠𝐬 𝐨𝐟 𝐭𝐰𝐨 𝐜𝐨𝐮𝐫𝐭𝐬 𝐛𝐞𝐥𝐨𝐰 𝐞𝐱𝐜𝐞𝐩𝐭 𝐟𝐨𝐫 𝐜𝐨𝐦𝐩𝐞𝐥𝐥𝐢𝐧𝐠 𝐫𝐞𝐚𝐬𝐨𝐧𝐬: 𝐇𝐨𝐧𝐨𝐫𝐚𝐛𝐥𝐞 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐉𝐚𝐰𝐚𝐝 𝐇𝐚𝐬𝐬𝐚𝐧

While deciding a matter related to the scope and liability of a surety in an execution proceeding, Honorable Justice Jawad Hassan ruled that section 145 of the Code of Civil Procedure is very clear in its language, which renders a surety liable for what he/she has undertaken before the court in a proceeding. He further held that since the in the case in hand, the surety had rendered himself liable for the payment of the decretal amount in case of default on the part of the judgmentt-debtor, he shall be compelled and made liable to pay the amount for which he stands surety.

The Court further ruled that resolving factual controversies is not the domain of the constitutional courts rather it is best to be resolved by the trial courts. In the case in hand the two courts below had resolved the factual controversies and there was no infirmity, perversity, mis-reading, non-reading or any other legal defect flouting on the face of the record. Therefore, no interference was warranted. The Court held that constitutional courts can interfere in the findings of the lower courts only if there is material irregularity, infirmity, mis-reading or non-reading, or there is any other legal defect in the order, not otherwise.

The Court emphasised on non-interference and judicial restraint while hearing a petition against an order of the trial court where the court has resolved a factual controversy conclusively and that too in concurring findings.

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