SHEO DHARI PANDEY Vs. NAND KUMAR PANDEY

JUDGEMENT

(1.) This is an appeal against an order passed by the lower appellate Court setting aside the order of the Munsif who had rejected an application made under Section 145, Civil P. C. Certain crops belonging to the judgment' debtor-respondent were attached in execution of a decree against him and were entrusted to the care of the appellant who executed a surety bond which was accepted by the Court. Subsequently the judgment-debtor satisfied the decree by payment of the decretal amount and the execution case was struck off. The appellant, Supurdar, did not, however, return the attached crops to the judgment-debtor who thereupon applied for relief under Section 145, Civil P. C., against the appellant. The appellant objected that no application under Section 145, Civil P. C., could be made against him and the relief could be sought by a regular suit only. The trial Court accepted this contention and rejected the application.

(2.) The lower appellate Court, however, held that an application under Section 145, Civil P. C., lay. The appellant has, therefore, now come up in second appeal to this Court.

(3.) The question for determination is whether the appellant, Supurdar, was liable as a surety and relief against him could be sought by means of an application under Section 145, Civil P. C.