King, J.

1. One Dawood Sahib obtained a decree in O.S. No. 4 of 1927 in the Additional Sub-Court, Tanjore. In execution of the decree, a deposit of Rs. 2,745 was made. Of this sum, deducting what was attached by the creditors of Dawood Sahib, a sum of Rs. 1,569-13-3 was available to be paid to him, and he was permitted to Withdraw that amount on furnishing security. Security was offered by one Kadir Bivi Ammal who executed a deed of security on 17th October, 1928. This bond was executed in the District Court and is headed A.S. No. 60 of 1928. That appeal resulted in part in favour of the appellant and the amount payable by the judgment-debtors to Dawood was reduced by Rs. 550. This decision was given in April, 1929. There was then a second appeal to the High Court and also a Memorandum of Cross-objections. On 20th March, 1934, the High Court gave judgment dismissing Dawood Sahibs suit in toto. In October, 1935, the successful appellant in the High Court applied to execute the surety bond and to recover from the surety the full sum of Rs. 1,569-13-3 which had been paid out to Dawood Sahib in 1928. Both the Courts have dismissed this execution application on a construction of