Anantakrishna Ayyar, J.

1. Kulandavelu Chettiar defendant in S.C. Suit No. 1319 of 1922: on the file of the Sub-Court, Madura, was arrested in execution of that decree. Then the present petitioner Kandasami Chettiar executed a surety bond the construction of which is in dispute before me. The surety bond is dated 24th September 1923 and the relevant portion is as follows:

The said Kulandavelu Chettiar has been brought under arrest before the Court. The said Kulandavelu Chettiar intends to present an insolvency petition within one month from this date. I have deposited the decrees amount in Court as security for the due presentation of the insolvency petition, and, until its disposal, I shall hereby undertake to produce the said Kulandavelu Chettiar either before this Court or before the Official Receiver until he presents the insolvency petition and is adjudicated and discharged. If the said Kulandavelu Chettiar fails to present the insolvency petition within one month from this date, or if I fail to produce the said Kulandavelu Chettiar when so ordered by the Court in the course of those proceedings or in execution, I hereby agree to make the deposit amount liable for the de