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1931 Supreme(Mad) 168

CURGENVEN
K. A. Muhammad Sultan Sahib – Appellant
Versus
Nagoji Rao – Respondent


JUDGMENT

Curgenven, J.

1. I am asked to revise the order of the District Munsif of Tiruppur refusing to review an order passed by his predecessor under Section 115, Civil P. C. The petitioner stood surety for the defendant, who was arrested before judgment, and after a decree was passed against his principal a notice was served on him on 12th February 1928 to produce the judgment-debtor on the following day, the 13th. He was unable to comply with this demand, but he himself appeared and asked for time, which was refused. The Court then reserved its order against the surety under Section 145 and on the following day directed his arrest under that provision. The order was in fact stayed, and on the 20th of the same month the surety produced the judgment-debtor. He then applied, as I have said, for a review of the order directing execution to issue against him. The learned District Munsif who has declined to grant the review has, it seems to me, taken an erroneous view of the requirements of Section 145. He appears to think that so long as notice is issued to a surety to produce his judgment-debtor it is unnecessary, when he fails to do so, to issue a further notice to him to show cause


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