JUDGMENT

B.K. Mukherjea, J. - This rule is directed against an order dated 2nd April 1942 made by the Subordinate Judge, Birbhurn, rejecting an application of the petitioners for re-opening of a mortgage decree u/s 86, Bengal Money-Lenders Act. The facts material for our present purposes lie within a small compass and may be stated as follows : The father of the petitioners took a loan of a sum of Rs. 15,000 from the opposite party on the basis of a mortgage bond executed on 24th January 1920. In the year 1933, the opposite party instituted a suit to enforce the mortgage bond and a preliminary decree was passed on 29th April 1935. The decree was made final on 2nd September 1935 and the amount found due to the mortgagee was Rs. 37,633 odd. The final decree was executed in Title Execution Case No. 173 of 1935 of the Court of the Subordinate Judge at Suri, and the mortgaged properties were sold on 2nd May 1936 and purchased by the mortgagee deeree-holder himself for as. 25,000. Delivery of possession was obtained in July 1937. On 2lst February 1939 the opposite party started a proceeding under Order 34, Rule 6, Civil P.C., and a personal decree for a sum of about Rs. 16,000 was passed