CHOUTHI PARSAD GUPTA vs UNION OF INDIA AND ORS.

The Supreme Court ruled that Section 145 of the Code of Civil Procedure is not applicable in cases where a prohibitory order under Order XXI, Rule 46(1) is issued. The Court clarified that Section 145 pertains to surety liability, which was incorrectly applied by the execution Court in treating the Sub-Divisional Officer as a surety merely due to the attachment order. Consequently, the Court held that the execution proceedings against the Union of India were improper, leading to the dismissal of the execution application.