Section 23. Order granting leave; action thereupon

Upon  such  an
  application, the court must grant an order, permitting the applicant  to
  maintain  an  action  upon  the  bond or undertaking. The action must be
  brought, in the court which granted  the  order,  by  the  applicant  as
  plaintiff; and it may be maintained, as if the applicant was the obligee
  named  in  the  bond  or  undertaking,  except  as  otherwise  expressly
  prescribed in this article.