ABDUL GAFUR GULAMSAHEB DON Vs. MAHOMED MUKARAM

JUDGEMENT

(1.) The question on the merits in this application is very short, but several preliminary questions arise, with which I must first deal.

(2.) There was a money decree. In the execution of the decree the judgment- debtor was arrested. Then there was a bond for security, in the form No. II, given in Appendix F, to the Civil Procedure Code. Subsequently the judgment-creditor wished to enforce the decree against the surety. Abortive proceedings took place, after which the judgment-creditor applied under Section 55 (4) of the Civil Procedure Code, which is to the effect that on the happening of certain events the Court may either direct the security to be realised, or commit the judgment-debtor to civil prison in execution of the decree.

(3.) It was argued before me that an order made under Sub-section (4) of Section 55 was not appealable.