Judgment

AYYANGAR, J. : This is an appeal on a certificate granted by the Judicial Commissioner, Ajmer, and is directed against the judgment of that Court dated December 16, 1954 by which the decree in favour of the respondent- Union of India -was affirmed.

2. Seth Lal Chand Kothari-the original first appellant in the appeal before us (he died pending this appeal and his heirs have been brought on record as his legal representatives-appellants 1 to 6) was appointed by the Commissioner Ajmer-Merwara as Government Treasurer, Ajmer-Merwara, by an order dated February 20, 1940, the treasuries to be under his charge being two-that at Ajmer and a sub-treasury at Beawar. Before accepting office he had, under the rules, to deposit Government promissory notes to the extent Rs. 60,000 and also execute a Security Bond for a like amount with two sureties to cover any loss to the Government in these treasuries. He accordingly made the deposit, and a security bond was executed by him on February 27, 1940 with Seth Phool Chand -who is now the 7th appellant in the appeal and one Seth Kanwarlal Ranka who died even before the suit and was not impleaded in it. Thereupon Lal Chand Kothari was directed t