60000 which had been under deposit.
the government securities were sold and they realized about rupees 58 thousands and odd leaving a sum of rs.
the treasury staff who ought to have been there were however absent in spite of their having had prior intimation of his arrival and there upon he directed the treasury to be sealed.
appeal from the judgment and order dated december 16 1954 of the companyrt of judicial companymissioner ajmer in civil appeal number 134 of 1952.
the union of india thereupon filed a suitcivil suit 125 of 1951 before the sub judge first class beawar on the security bond dated february 27 1940 against lal chand kothari and seth phool chand for recovery of this sum.
the judgment of the companyrt was delivered by ayyangar j. this is an appeal on a certificate granted by the judicial companymissioner ajmer and is directed against the judgment of that companyrt dated december 16 1954 by which the decree in favour of the respondent union of india was affirmed.
he accordingly made the deposit and a security bond was executed by him on february 27 1940 with seth phool chand who is number the 7th appellant in the appeal and one seth kanwarlal ranka who died even before the suit and was number impleaded in it.
v. viswanatha sastri s. n. andley rameshwar nath and l. vohra for the appellants.
seth lal chand kothari the original first appellant in the appeal before us he died pending this appeal and his heirs have been brought on record as his legal representatives appellants 1 to 6 was appointed by the companymissioner ajmer merwara as government treasurer ajmer merwara by an order dated february 20 1940 the treasuries to be under his charge being two that at ajmer and a subtreasury at beawar.
a verification of the balance in the two chests disclosed that a sum of 7 annas 9 pies was missing from the single lock chest and rs.
civil appellate jurisdiction civil appeal number 454 of 1957.
84215 from the chest with the double lock.
the government thereupon took proceedings to realise the missing amount from the security of rs.
25786 13 9 still due.
60000 and also execute a security bond for a like amount with two sureties to companyer any loss to the government in these treasuries.
on march 31 1948 the extra assistant companymissioner ajmer made a check of the treasury at beawar.
c. kasliwal advocate general rajasthan s. k. kapur and t. m. sen for the respondent.
april 24.
there were two cash chests at this sub treasury one secured with a single lock the key of which was with the staff of the treasurer and the other with doublelocks the keys of which were held one by the emplo yee of the treasurer and the other by the government treasury officer the tahsildar.
