Judgment

RAMASWAMI, J. : This appeal is brought, by special leave, from the judgment of the Bombay High Court, dated December 17, 1962 in Letters Patent Appeal No. 29 of 1960.

2. Respondent No. 2, the firm of Chandmal Marmal was indebted to the 1st respondent, Centra1 Bank of India, Aurangabad branch. In March 11, 1955 the first respondent filed a suit being Civil Suit No. 28/1 of 1955 against the second respondent for recovering a sum of Rs. 14,541 and odd in the Court of Subordinate Judge at Aurangabad. On the application of the first respondent an order for interim injunction was passed in respect of certain properties belonging to the second respondent. The Court had ordered the second respondent to furnish security for the amount of the decree which may be passed against the firm in the suit. On April 28, 1955 Jogilal Mulchand, one of the partners of the second respondent furnished security by creating a charge on his immoveable property, which was a house at Aurangabad. After the security bond was furnished, the attachment was released. The security bond furnished by Jogilal Mulchand read as follows :

"I, the Defendant No. 2, therefore, stand as a surety and declare that if the