Mukherjee, J – This Rule has been obtained under section 25 of the provincial Small Cause Courts Act, and is directed against an order made by the Small Cause Court Judge at Sealdah dismissing a suit commenced by the petitioner under S. 36(1) of the Bengal Money-Lenders Act, 1940.

2. The material facts are not in controversy and may be shortly stated as follows In January, 1941, the opposite party instituted a suit against the Court of small Causes at Sealdah for recovery of a sum of Rs. 273/– alleged to be due as principal and interest on a promissory note executed by the latter on June 1, 1948. The petitioners did not appear or contest the suit, and an ex parte decree was passed in favour of the plaintiff for the entire amount claimed by him on January 27, 1941. On February 17, 1941, the petitioner filed an application for reopening the decree by way of review under S. 36(6)(a)(ii)of the Bengal Money-Lenders Act, and the ground alleged was that as the opposite party had already realised more than double the principal amount actually advanced by him, he was not entitled to recover any further amount from the latter. This application was allowed, and the Small cause Court J