RAM GOPAL Vs. SMT. PARBATI DEVI AND ORS.

JUDGEMENT

(1.) THE trial court dismissed an application for realisation of the money from the surety. On appeal it was found that the judgment -debtors -Defendants had no property from which the money in dispute could be realised. Under the surety bond executed by the present applicant it was undertaken that if the Defendants failed to pay the amount the same can be recovered from the surety. The Defendants had failed to pay the amount and they bad no property from which it could be realised. Hence the Plaintiff was entitled to proceed against the surety. On this view the appeal was allowed. The surety has come up in revision.

(2.) IT has been stated that no appeal lay to the lower appellate court. Under Section 145 Code of Civil Procedure the surety is deemed to be a party within meaning of Section 47. Money is recoverable from the surety on the execution side. The trial court's order passed under Section 47 Code of Civil Procedure amounted to a decree as defined under Section 2(2) of the Code of Civil Procedure. In my opinion the appeal was maintainable.