JUDGMENT

Sen, J. - The petitioners in the year 1925 advanced Rs. 1400 to the opposite parties on a mortgage. The interest payable was 15 per cent, per annum with annual rests. They instituted a suit on that mortgage and obtained a preliminary decree on 6th December 1930, and a final decree on 14th January 1931. In execution of the mortgage decree the mortgaged property was sold on 22nd June 1933, and the sale proceeds were applied towards payment of the mortgage dues. The sum realized was insufficient to liquidate the dues and on 9th March 1935, the petitioners obtained a personal decree for the balance of Ks. 586 odd. The personal decree was put into execution when the opposite parties got the execution case stayed by an application to the Debt Settlement Board. Thereafter, they applied for relief u/s 36, Bengal Money-lenders Act, on the ground that the interest payable under the mortgage was in excess of that allowed u/s 30 of the Act and also on the ground that by the decrees the petitioners have obtained more than twice the principal sum advanced. They claim that not only the personal decree but also the preliminary and final mortgage decrees should be reopened and recast. The p