Judgement

Appeal from a judgment and decree of the Court of the Judicial Commissioner (November 20, 1916), affirming a decree of the Subordinate Judge of Malihabad.

The appeal arose out of an application made to the Subordinate Judge under circumstances which appear from the judgment of their Lordships. The application, which purported to be under ss. 47 and 144 of the Code of Civil Procedure, 1908, was against the representatives of Raghubans Kunwar, deceased, as judgment-debtors, and the present appellants, as sureties. It prayed that the judgment-debtors (the appellants being included under that designation) might be declared liable for mesne profits, the liability of the appellants, as sureties, being limited to one lac.

The defence of the sureties was, inter alia, that their liability ended at the date of the judgment of March 26, 1903, dismissing the appeal of Sheo Singh. The second and fifth issues related to this defence, and respectively raise the questions whether the sureties were liable under the bond of September 10, 1902, for any of the mesne profits and whether their liability could be enforced in the execution department.

The Subordinate Judge delivered judgment on