HAZARI LAL Vs. CHHAJU RAM

JUDGEMENT

(1.) THIS appeal is directed against an order of tha District Judge, Ganganagar dated 6th June, 1956 and has arisen under the following- circumstances:

(2.) ONE Chhaj'u Ram filed a money suit against firm Indrajmal Bholanath and during the pendency of that suit applied under Order 38 rule 5 for attachment of the defendants' property. On being directed by the court to furnish security one Hukamchand offered himself as surety for the defendants for the due performance of the decree which might eventually be passed against Mm. Tha suit was ultimately decreed. The defendants filed an appeal before the High Court against the said decree and also obtained an order for stay of the execution of the decree on the condition that they furnished security for the due performance of the decree to the satisfaction of the executing court. Accordingly Moti Ram and Hazari Lal who are appellants before us stood sureties and submitted the surety bonds which appear on pages 23 and 24 of the paper book. In the surety bond while Moti Ram made himself liable for the whole amount of the decree that may be passed against the defendants by the High Court and the costs of the suit, Hazari Lal accepted his liability to the extent of Rs. 12000/-only and costs of the suit. Defendants' appeal was dismissed by the High Court and on the judgment debtor's failure to pay the decretal amount, the decree holder took out execution against the sureties i. e. , the appellants. The appellant, raised objections in the court below on the ground that the decree was not executable against them till the decree holder had not exhausted his remedy against the judgment-debtor. This objection was overruled by the learned District Judge and the appellants have now come in appeal against that order.