( 1 ) THIS appeal is at the instance of the representatives of the deceased defendant in a suit tinder Section 36 (1), Bengal Money Lenders Act.

( 2 ) THE plaintiff Mrs. D. J. Hill borrowed two sums of money from the appellants' predecessor in the year 1933. The interest stipulated to be paid was 10 p. e. p. a. with quarterly rests. On 21-6-1939 a suit to enforce the said mortgages was instituted by the appellant's predecessor and a final decree was obtained for a sum of Rs. 20,580. In execution of that mortgage decree the mortgaged properties were brought to sale on 19-7-1940 and were purchased by the decree-holder for a sum of Rs. 43,300. Thereafter the decree-holder auction purchaser took possession on 9-9-1940. On 30-8-1941 the plaintiff instituted the present suit under Section 36 (1), Bengal Money-Lenders Act, praying for the requisite reliefs conferred by that section. This suit was dismissed by the learned Subordinate Judge on 30-6-1942. One of the grounds on which the learned Subordinate Judge dismissed the suit was that the case did not come within the purview of Section 36 (1), Bengal Money-Lenders Act, the decree in the mortgage suit having been passed a