THAKUR MAHIPAL SINGH Vs. ATHAL SINGH

JUDGEMENT

(1.) This appeal arises out of certain execution proceedings. Mahipal Singh brought a suit for a simple money decree against Raghunandan which was decreed sometime ago. An appeal was presented to the District Judge, and was dismissed. While a second appeal was pending in this Court the decree was put in execution and the judgment-debtor was arrested and brought to the Court of first instance. On his behalf an application has been made that the proceedings should be stay- ad inasmuch as a second appeal was pending in the High Court. The learned Munsiff passed an order that the judgment-debtor should be released provided he deposited in Court a security bond for Rs. 800 as well as furnished sureties for the same. On the 8 April 1921 a security bond signed by two persons Hardeo Singh and Athal Singh was presented which was accepted as sufficient by the Court and the judgment-debtor was released.

(2.) The second appeal was ultimately dismissed on the 23 June 1921, and after its dismissal the decree-holder applied to the Court of first instance for execution of the decree against the sureties. On objections being raised by the sureties the application was dismissed as against them. That order was upheld in appeal and the decree-holders have now come up in execution second appeal and urge that the sureties are liable.

(3.) It is true that the security bond was not quite in conformity with the order of the Court. No objection to it, however, was raised on behalf of the decree-holder and it was accepted as sufficient by the Court. It is now impossible to go behind it and hold that the sureties are liable for anything more than what they had undertaken under this deed.