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Judgment
This is a petition which ought to have been presented under the provisions of the Provincial Small Cause Courts Act and not u/s 622 of the
Code of Civil Procedure.
The facts are not clearly stated, but apart from what is stated in the surety''s petition, which is not verified, it appears that the insolvency petition
was filed in due time, and that it was on a subsequent occasion that the judgment-debtor failed to appear when called upon. On these facts,
following Koylash Chandra Shaha v. Christophoridi ILR 15 Calc. 171 and Dwarkadas Parshotamdas v. Isabhai Daudkhan ILR 19 Bom. 210 we
must hold that the surety could not be held liable. We must set aside the order of the lower Court, Costs of this petition must be paid by the first
respondent.