Vairavan Chetty V. Ukku Banda

Present: Jayewardene A.J.

VAIRAVAN CHETTY v. UKKU BANDA.

167-C. R. Kurunegala, 20,324.

    Surety-Security by judgment-debtor for satisfaction, of a debt on arrest- Forfeiture of bond-Notice-Final judgment-Civil Procedure Code, s. 305.

Where a person binds himself as surety for the satisfaction of a decree by a judgment-debtor, who has been arrested on a civil warrant, and the judgment-debtor is in default.

Held, that it is open to the judgment-creditor to proceed in the same action against the surety for the forfeiture of the bond, provided that due notice is given to the surety to show cause why the bond should not be forfeited and the amount recovered from him.

Suppramanium Chetty v. Gabriel Fernando1[1 (1904) 8 N. L. R. 42.] followed.

The question whether a judgment in appeal from the Court of Requests is a final one depends on the circumstances of each case. It is not possible to give a comprehensive definition of the term " final judgment."

A judgment or order which can be considered on appeal at a later stage of the proceeding, that is, when the case is finally decided does not fall within the term " final judgment," b

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