Wadsworth, J.

1. This appeal raises the question how a surety bond given by a third party for the appearance of the defendant, is affected by the return of the plaint for presentation in cause suit and applied for the arrest of the defendant before judgment. The respondent gave a bond in order to secure the release of the defendant. The essential terms of this bond are that the respondent undertakes that the defendant will appear at every hearing till the case is finished, that if there is a decree in this case against the defendant the respondent undertakes that the defendant will appear whenever required until the decree is settled, that if he fails to appear the respondent will produce him under the orders of the Court and that if he fails to produce him, he will be liable for any decree which may be passed. Both the Courts below have agreed that no special significance is to be attached to the use of the word (number) in the bond and that it does not mean anything more than "case" and has no reference to the precise number given to the case. That view of the local use of the word number in Tamil with reference to a litigation is undoubtedly correct.

2. The Court trying th