JUDGMENT

R.V. Raveendran, J. —

One Ammasai Gounder filed a suit against A.T.Krishnasami Mudaliar and another for recovery of amounts due towards supply of jaggery in O.S.No.226 of 1946 on the file of the Sub-Court, Coimbatore. The suit was decreed on 14.10.1947. The defendants in the suit filed an appeal in the Madras High Court in A.S.No.713 of 1947. On an application by the defendants (appellants in that appeal), stay of execution of the decree was granted subject to the defendants depositing the decretal amount in court. The High Court permitted the plaintiff (respondent in that appeal) to withdraw the said decretal amount after furnishing security to the satisfaction of the court. One Ramaswami Gounder became the surety and gave his agricultural lands as security for the amount permitted to be withdrawn by the plaintiff.

2. The appeal by the defendants was allowed by the High Court on 31.10.1952 and the money decree granted in O.S.No.226 of 1946 was set aside. Consequently, the defendants in the suit moved an application for restitution under section 144 of the Code of Civil Procedure (‘CPC’ for short). The plaintiff did not repay the amount withdrawn by him and absconded. Ther