RAJ CHANDER GUPTA AND ANOTHER Vs. RAMESH KISHORE

JUDGEMENT

(1.) THIS appeal has been filed by the decree-holder against the order of the District Judge of Bareilly dismissing his application for Execution of decree by arrest of the surety.

(2.) THE facts, in brief, are that the appellants filed a suit in October 1947 and obtained an order of attachment before Judgment in respect of the property of the Judgment-Debtor. By an order dated 18th October 1947 the Munsif appointed the respondent Ramesh Kishore Kodesia as Superdar of the attached property. In the security bond executed by the respondent, he made himself liable for any loss of the property entrusted to his care during the pendency of the suit in the court of the City Munsif, Bareilly. It appears that at first the suit was dismissed for default of the plaintiff on 9-8-1948. On an application for restoration being made by the Decree-holder, the suit was restored on 4-12-1948. The defendant went up in appeal and the case remanded for disposal on the merits. The decree-holder then moved an application for execution of the decree by arrest of the surety.

(3.) ON behalf of the decree-holder it was contended that the restoration of the suit had the effect of reviving all ad interim and ancillary orders passed earlier in the suit.