44 Crpc
THANKACHAN V P
(Querist) 21 July 2011
This query is : Resolved
Dear friends in a case wherein the court issued notice under 446 crpc to sureties as accused absconded. One of the sureties died before receiving the notice from the court. The court forfeited the bond amount and RR proceeding has been initiated against the property of the deceased surety. Now what is remedy available for the LRs of the surety.Can they take up matter before sessions court by way of revision or is there any remedy under 226 or 482 before the HC?.Could you point out any citation on this aspect.
Sorry for typing error 44 may be read as 446
Regards
Thankachan
kaushal kishore sanadhaya
(Expert) 21 July 2011
As per sec 446(4)says thatwhere syrety to bond is dies before the bond is forfeited,his estate shall be discharged from all liability in respect of the bond. As per sec 449 the order of the court is appealable.
Ajay Bansal
(Expert) 25 July 2011
L.R. should file a revision in sessions court.
