( 1 ) THE appellant is the second judgment-debtor who was one of the sureties who executed a bond under Cr. 4 , R. 6 CPC in the form prescribed in appx. G'. But the bond was executed in the name of the Court and not in the name of the Presiding Officer or any Officer of the Court.

( 2 ) IT is urged by Mr. K. A. Swamy, firstly that since the bond is not executed in the name of the Presiding Officer or any other Officer of the court, the Court being not a juridical person, the bond is inexecutable. Secondly it is urged that the surety bond cannot be enforced in the execution proceeding but that it can be enforced only in a separate suit filed against the sureties.

( 3 ) HE has relied on the decision in Raghubar Singh v. Jai Indra bahadur Singh AIR 1919 PC 55=46 IA 228. In that case, the surety bond created a charge on the immoveable property but there was no personal liability undertaken by the surety. Their Lordships of the Privy Council held that, since there was no personal liability incurred under the surety bond, though it created a charge upon the immoveable property, S. 145 CPC was not applicable. Their Lordships further held that S. 47 CPC was not applicable since the surety

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