PERURI SOORYAPRAKASAM Vs. PIMUNISWAMI CHETTY

JUDGEMENT

(1.) This is an application by the sureties praying that they may be given two months time to pay the amount of the decree, which they are liable to pay as sureties and that execution may be stayed for two months, in order to enable them to pay the amount.

(2.) The suit was filed under Order VI A, of the Original Side Rules against the defendant and leave to defend was given, on condition that the defendant gave security. The applicants stood as sureties. A decree was ultimately passed and execution is now sought against the sureties.

(3.) The affidavit of Chandrasekara Chetty (one of the sureties), filed in support of the application, states that the defendant has been promising to settle the claim with the plaintiff and pay up the decree amount, and the sureties, therefore, did not take any steps to find the money, that ten days before the filing of the present application notice was issued to the sureties, to show cause why execution should not be issued against them, that the judgment- debtor is still promising to find the amount due, that the sureties are persons possessing property, but that owing to the suddenness with which the application for execution against them has been made, they are unable to find the money at once.