Present : Bertram C.-J. and Garvin J. 1923

 BABUNAPPUHAMY v. DON DAVITH.

4 -D. C. Tangalla, 1,912.

Security for performance of a judgment or order-Forfeiture of bond in the same proceeding-Court cannot order surely to pay more than the amount of the bond.

Where security has been given for the performance by a party to a legal proceeding of a judgment or order in such proceeding, application may be made in the same proceeding for the forfeiture of the bond. Upon such an application what the Court should do is to order the forfeiture of the bond, and the forfeiture of the bond implies solely and simply, unless on equitable grounds some mitigation of the penalty is ordered-the payment of the penal sum and nothing else. The Court is not entitled to go beyond the penal sum and order the surety to pay the actual amount of the costs.

THE appellant stood surety for the plaintiff who lived outside X the jurisdiction of the Court, and bound himself as surety for the payment by plaintiff of defendant's costs.

The plaintiff having lost, the appellant paid Rs. 100 as promised, but the defendant claimed that the appellant should pay the ent