This is a petition by one Ramanathan Chettiar, the plaintiffdecree-holder in O.S.No. 51 of 1948, on the file of the Subordinate Judge’s Court Sivaganga, for revising and setting aside the order of the Subordinate Judge dismissing I.A. No. 334 of 1951 in O.S. No. 51 of 1948. The petition was filed by him under Order 34, rule 6 and sections 52(2) and 151, Civil Procedure Code, for passing a personal decree against the lega1 representatives of the mortgagor. The learned Subordinate Judge held that the hypothecated properties had not been exhausted and that, therefore, there was no reason for passing a personal decree regarding the properties of the original mortgagor in the possession of his legal representatives. The allegation in the petition was that there were non-mortgaged properties of the mortgagor in the hands of the legal representatives, that the balance of Rs. 18,000, or so, due to the petitioner under the mortgage decree, could be easily recovered from there properties, and that the remaining items of the hypo heca referred to by the lower Court would yield nothing, as they had been taken over by the Government and not a pie had been paid by Government so far as co