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1927 Supreme(Lah) 186
Lahore High Court
Tek Chand, J.
Lajpat Rai - Appellant
Versus
Daulat Ram Bhana Mal & Anr. - Respondent
Decided On : 21-12-1927
JUDGMENT
Tek Chand, J. - A money decree for Rs. 486-7-6 was obtained by the firm Hamir Chand-Hari Chand against one Doulat Ram. The decree-holder applied for execution by arrest of the judgment-debtor. The judgment-debtor was brought under arrest on 3rd May 1926, but was released on Lajpat Rai appellant, executing a surety bond. Later on the decree-holder applied for recovery of the decretal amount from the surety Lajpat Rai, but he denied liability on the ground that under the terms of the surety bond his liability had not yet arisen. The trial Court found against him and held that he was liable. This order was upheld on appeal.
2. A second appeal has been preferred by the surety but this appeal is clearly incompetent. The execution proceedings in which the surety bond had been executed related to a decree passed in a suit the value of which was below Rs. 500. The suit was of a small cause nature and in such a case no second appeal lies under Section 42(2), Punjab Courts Act.
3. Mr. Badri Das has asked to treat the memorandum of appeal as one for revision and has urged that the lower Courts have misinterpreted the surety bond. There is no doubt that the bond is not very happily worded, but misconstruction of a document (even if established) is not a sufficient ground for interference on the revision side.
4. Accordingly I hold that no appeal lies and there is no ground for interference on revision. The appeal is dismissed with costs.
