JUDGMENT

Page, J. - This is an appeal from an order refusing to permit execution to be levied against a person who is alleged to have stood surety for the judgment-debtor in execution proceedings.

2. The suit out of which the controversy arose resulted in a consent-decree under which the judgment-debtor was ordered to pay Rs. 330 and the costs of the suit. An execution case followed. In the course of that case an agreement was arrived at between the surety, who is the present contending respondent, the decree-holder and the judgment-debtor. The decretal amount was not paid by the judgment-debtor, but after an application had been made to execute the decree against the surety, a petition was filed on behalf of all the parties concerned stating the terms of the tripartite agreement which had been arrived at, and praying that the execution case might be withdrawn. That petition bears a Court-fee stamp appropriate to a petition, but is not stamped either as a contract of suretyship or as a security bond. The Court, having regard to the petition, permitted the execution case to be withdrawn.

3. Subsequently, the judgment-creditor applied for execution of the decree against the surety to th