Krishnan, J.

1. In this case the appellant brought a suit against the first respondent in the Sub-Court of Madura and pending that suit, applied for attachment before judgment under Order 38, Rule 5 of the Civil Procedure Code. The 1st respondent agreed to furnish security and executed the bond, the effect of which is the question now before us. His suit was subsequently dismissed by the first Court.

2. The appellant, however, succeeded in getting a decree in the appellate Court. He now applies to have his decree executed against the properties mentioned in the security bond. It should be stated that after this application had been filed, the 1st respondent was adjudicated an insolvent, and all his properties have become vested in the Official Receiver, who has been brought on record as the 2nd respondent. The Official Receiver raised a number of contentions against the decree of the appellant being executed against the properties in question. It is sufficient for the disposal of this appeal to refer to one of them, namely, that the bond ceased to have any effect as soon as the decree of the 1st Court was passed, dismissing the appellants suit. The circumstances under which t