ORDER

Kendall, J. - The circumstances out of which this application has arisen are as follows : The applicant, who is a decree-holder had obtained an ex parte decree against two judgment-debtors in the Small Cause Court, and attached some of their property in execution of that decree. The judgment-debtors applied to set aside the ex parte decree and Gordhan, the present opposite party became their surety, undertaking that if the application were dismissed or if it were allowed and the suit was subsequently decreed against the judgment-debtors and the judgment-debtors did not pay the amount he, the surety, would pay the amount of the decree. The original attachment appears to have been withdrawn on this surety bond being executed. It will be seen that there was no condition in the bond that the decree-holder should be obliged to execute the decree. The ex parte decree was set aside but the suit was again decreed against the judgment-debtors, and the decree-holder attached some cattle and other property of theirs. The judgment-debtors filed an application for revision in the High Court and obtained an order of stay. In the meanwhile the decree-holder obtained another decree against th