Horace Owen Compton Beasley, Kt., C.J.

1. This Civil Revision B Petition arises out of execution proceedings. The petitioner in those proceedings was the transferee of a promissory note executed by the first and second respondents in favour of the third respondent. The petitioner filed a suit on the promissory note and obtained a decree and had obtained before judgment an attachment of some money that lay in the Rajamundry Sub-Court to the credit of the first respondent. The fourth respondent gave security and thereupon the attachment of the money was raised. Subsequently the suit was dismissed for default but was afterwards restored to the file and a decree in favour of the petitioner was passed. The petitioner applied to execute the decree against his surety but the latter contended that on the dismissal of the suit the security bond given by him became cancelled in accordance with the provisions of the security bond and also the law. The District Munsif upheld this contention relying upon the Full Bench decision of this High Court in Balaraju Chettiar v. Masilamoni Pillai I.L.R.(1929)Mad. 334 : 58 M.L.J. 675 which decides that upon the dismissal of a suit the attachment b