JUDGMENT :- This is a defendants second appeal directed against the judgment and decree of the District Judge, Jodhpur, dated the 9th July, 1962, in suit for recovery of money under S. 73 of the Code of Civil Procedure.

2. The facts which give rise the present controversy are practically undisputed. They are that Moolraj and hit sons Vijayraj and Hemraj obtained a decree in suit No. 69 of 1951 for a sum of Rs. 6223 and odd on 16th December, 1956 against Narsinghdar. During the pendency of the suit the plaintiff had obtained an attachment before judgment and the petrol pump belonging to Narsinghdas was attached. Narsinghdas offered Kanhaiyalal us surety for the payment of decretal amount. On 9th July, 1961 Kanhaiyalal executed a surety bond Ex. 4 in favour of the Court which had issued the order of attachment before judgment and consequently the property attached was released. On the same date Narsinghdas sold the petrol pump and deposited a sum of Rs. 6800 with Kanhaiyalal presumably to cover up the risk which Kanhaiyalal had undertaken as his surety. On 16th December, 1966 a decree in the sum of Rs. 6223 inclusive of interest and costs was passed against Narsinghdas, Meanw