Asutosh Mookerjee and Rankin, JJ. -

is an appeal from an order made by Mr. Justice Greaves against a surety under S. 1, 5, Civil P. C. The facts material for the determination of the questions in controversy are really not in dispute and may be briefly stated.

On the 29th July 1920, a preliminary decree was made in a mortgage suit instituted by Howeson Brothers against the Harveys. On the same day, one of the defendants, W. S. G. Harvey, was appointed Receiver. On the 9th September 1920, the appellant, M. A. Mamooji, became surety for the Receiver. The surety bond stated as follows :

" If the said W. S. G. Harvey do and shall duly account for all sums of moneys which shall and have come into his hands as such Receiver as aforesaid and file all papers and his half-yearly accounts before a Judge of this Court, as directed by the said decree of the 29th July 1920, and do and shall duly and faithfully perform the duties as such Receiver as aforesaid, according to law, and in all respects discharge the duties and obligations which shall devolve upon him as such Receiver as aforesaid, and obey and carry out the said order and all other orders and directions which may hereafter be made and