ORDER

Edgley, J. - In this case the petitioner, Lal Mohun Chatterjee, has applied for certain relief under the provisions of Bengal Moneylenders Act, 1940. It appears from his petition that a preliminary decree was passed against him and certain other persons on 19th February 1937. An account was then taken by the learned Registrar who found that the sum of Rs. 26,076-11-9 was due to the mortgagee. The decree was made final for that amount on 14th November 1938 and the mortgaged properties were sold respectively on 30th August 1939 and 6th December 1939. The price realized for the first property was Rs. 6400 and, as regards the second property, the price realized was Rs. 17,000 or in all Rs. 23,400. The sale was confirmed on 16th August 1940. This application originally came before me in Chambers on 6th March 1941, on which occasion Mr. Das on behalf of the opposite party contended that it was not maintainable on the grounds (1) that no application for execution of the decree was pending and (2) that the application could not be treated as an application for review. At that time I was inclined to accept his contentions, but, as the matter raised some important points of law, I thoug