MOHAN LAL Vs. BHAIRON LAL

JUDGEMENT

(1.) THIS is an execution second appeal by one Mohan Lal against an appellate order of the Senior Civil Judge Sikar confirming an order of the executing court directing the recovery of a sum of Rs. 625/- from him on account of his failure to restitute the property in execution of a decree obtained by Bhairon Ram respondent No. 1 against Ladu Ram respondent No. 2 which was entrusted to him as Supardar.

(2.) IN execution of the decree a bullock, a buffalo calf and a buffalo belonging to Ladu Ram were attached and were entrusted to the appellant who executed a Supardnama undertaking to produce the attached property before the court whenever called upon to do so and on default to pay their price which was assessed at Rs. 625/- in the bond. The decree was for a sum of Rs. 624/4/ -. After attachment Ladu Ram filed an objection under Sec. 47 C. P. C. which was dismissed by the executing court. Against that order Laduram preferred an appeal and applied for stay of execution proceedings. Stay was granted to him by the appellate court subject to his furnishing security for the performance of the decree. One Nanu Ram stood surety for the performance of the decree. The appeal was however dismissed on 24. 11. 59 and on 14. 1. 60 the decree-holder applied for proceeding with the execution of the decree. Notice was issued to Mohan Lal to produce the attached cattle before the court. He did not produce the cattle, but filed an objection alleging that he was discharged by the act of the court in accepting another surety bond from Nanu Ram for the performance of the decree. This objection was overruled by both the courts below.