JUDGMENT

Walsh and Kanhaiya Lal, JJ. - This is an appeal from an order refusing to enforce a security bond, filed under Order XLI, Rule 5 of the Code of Civil Procedure, by an execution proceeding. In the course of an appeal pending in this Court, an order for the stay of execution of a decree for costs was obtained by the judgment-debtor pending the decision of that appeal, and a security bond, executed by him and his surety Chaudhri Badan Singh, was filed, whereby the latter agreed to stand security for Rs. 15,000 and hypothecated certain property for the payment of the same in case the money which, might be found due under the decree was not realized from the judgment-debtor. The security bond stated: "We the executants willingly give security for Rs. 15,000 and after hypothecating the property specified below agree that if the appellate court affirms the decree of the court of first instance, then I, Rao Narsing Rao, will duly carry out the decree of the appellate court, and whatever costs may be allowed under the said decree on account of the costs of the trial court and of the appellate court shall be paid by me (Rao Narsingh Rao) with interest, irrespective of the above-menti