Modi, J. —This second appeal by the plaintiff in a suit for declaration which has been dismissed by both courts below has been placed before this Bench on a reference by one of us sitting singly.

2. The facts out of which this reference arises may shortly be stated as follows. The firm Bachraj Chuniram defendant respondent No. 1 filed a suit for money against defendants respondents Bhera and Devichand. The former obtained an attachment before judgment with respect to the property of the defendants Bhera and Devichand and the present plaintiff Ranamal is alleged to have stood surety for them. Eventually respondent No. 1 obtained a decree against respondents Nos. 2 and 3 and took out execution of that decree against them as well as the surety who is the present plaintiff. The latter filed an objection saying that he never stood surety for the judgment-debtors and that no surety bond had ever been executed by him. By an order dated the 26th August, 1952, the executing court dismissed this objection summarily. The plaintiff came in revision to this Court which was dismissed on the ground that it was incompetent. Thereafter the plaintiff filed the present suit on the 2nd June, 1954, in t

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