GANGA LAHARI Vs. HAR NARAIN

JUDGEMENT

(1.) THIS is a Civil Execution First Appeal against the order passed by Additional District Judge, Alwar, disposing of the objections raised by the appellant surety.

(2.) HAR Narain and Prabhu Dayal had filed a suit and the appellant Ganga Lahari stood surety for the payment of Rs. 6,278/ - for which an attachment order before judgment was issued under Order 38 Rule 5 CPC by a security bond executed by him on 20th December, 1963. Ultimately the suit was decreed on 1 -4 -1969 for a sum of Rs. 11,358,40 with costs against the respondents No. 10 and 11. The plaintiff -decree holders filed an execution petition on 21 -8 -1969 against the sppellant for executing the decree for a sum of Rs. 16,010.49 (entire decretal amount and interest and costs). The judgment -debtors preferred an appeal before this court against the decree dated 1 -4 -1969 and this court while disposing of the stay application, passed the following order:

(3.) REPLY was also filed on behalf of the decree -holders on 24 -3 -73.