Judgment

Dr. AR. Lakshmanan, J.—Leave granted.

2. The unsuccessful appellant in S.B. Civil Execution First Appeal No. 2 of 1998 before the High Court of Rajasthan is the appellant before us by special leave. The appeal is preferred against the judgment and final order dated 12.11.2003 passed by the High Court of Rajasthan in S.B. Civil Execution First Appeal No. 2 of 1998 whereby the appeal preferred by the appellant was dismissed.

3. Briefly stated, the facts are that a decree for Rs. 37,255.07 was passed against the State of Rajasthan on 6.6.1970 in respect of the construction work of irrigation department under Arbitration Act in case No. 4 of 1969 entitled Sharma & Co. vs. State of Rajasthan. The said company filed execution and recovered Rs. 37,592.57. As against the said amount, two securities were furnished, one by Shri Gurbachan Singh for Rs. 2927.57 and another by Smt. Kamla for Rs. 37,592.57. Along with the aforesaid surety bonds, House No. 79B Block Sri Ganganagar was also furnished against security. The appeal preferred by the State of Rajasthan against the aforesaid judgment and decree was allowed ex parte by the High Court. An application under Section 144 of C.P.C. was