- (1.) THIS execution second appeal has been filed by one of the surety judgment-debtor and arises out of the following circumstances:-
(2.) ON 6-1-1946 an award in connection with a mortgage was given by an arbitrator against respondent No. 2 Trijugi Narain, principal debtor and the appellant Shri Rameshwar Lal and respondent No. 3 Suraj Narain as sureties in favour of respondent No. 1 the Commercial Cooperative Bank Ltd. , Ajmer (now in liquidation ). The award was for Rs. 7,769/7/-, which included the principal amount of Rs. 7,633/14/ -. The rate of the interest was 5 1/4 per cent per annum. The amount was to be realised by the sale of the immovable properties mentioned in the mortgage-deed and other properties of the main judgment-debtor and if the whole amount was not recovered from the properties of the judgment-debtor, the residue was to be recovered from the moveable and immovable properties of the two sureties.
(3.) EVENTUALLY the decree-holder filed the fourth execution application for the recovery of Rs. 9,096/8/- on 27-3-1957. In Column No. 10 of the application it was prayed that the amount may be realised by,- (a) attachment of the movable properties of the judgment-debtors as pointed out by Administrator or his agent on the spot; (b) attachment and sale of the immovable properties specified in schedule 'a' annexed and the sale-proceeds be paid to the decree-holder; and (c) by arrest and detention of the judgment-debtors Nos. 1 and 3 i. e. Trijugi Narain and Suraj Narain. ;