Judgment

SUBBA RAO, J. : This appeal by Special leave raises, inter alia, the question of construction of the terms of a surety bond.

2. The material facts are as follows: On August 26, 1947, Seth Takhatmal, respondent 1, filed Civil Suit No. 9-A of 1947 in the Court of the First Additional District Judge, Jabalpur, against Mulkraj Malhotra, the second respondent, for dissolution of their partnership and rendition of accounts. On August 27, 1947, the first respondent applied for attachment before judgment of all the bills payable to "M. R. Malhotra and Company", as per description given in Schedule A attached thereto and for the issue of an order to C. M. A. S. C., Poona, prohibiting them from issuing any cheques due to M. R. Malhotra and Company, and on the same day the Court issued notice of the said application. On August 28, 1947, the Court issued a conditional order of attachment before judgment in respect of the said bills. On September 9, 1947, the second respondent applied for vacating the order of attachment. On September 11, 1947, the second respondent offered to give security if time was granted to him. On October 17, 1947, five surety bonds were executed by the appellant