JUDGMENT

1. This is an appeal against a new decree passed by the learned Subordinate Judge after re-opening an earlier decree under the provisions of the Bengal Money-lenders Act. The real question in the case is what is to be regarded as the principal of the loan. For determining that question the following facts are necessary : Ashutosh Chakravarti, Satish Chandra Ghakravarti and others borrowed a sum of Rs. 10,500 on a promissory note from the Bagerhat Loan Company. The said company filed a suit and obtained a decree against all the pro-missors, namely Ashutosh Chakravarti, Satish Chandra Chakravarti and others. The company however did not proceed to realise the decretal amount from the property of all the judgment-debtors. They selected one amongst them, namely Ashutosh, the father of the plaintiff appellant Indra Sekhar Chakravarti. Ashutosh satisfied the decree and thereafter brought a suit, being No. 170 of 1926 of the Court of the Subordinate Judge at Khulna, for contribution against his co-judgment-debtors. After filing that suit he applied for attachment before the judgment of the properties which belonged to one of the defendants of that suit, namely Satish. On 9th Novemb