Raghava Rao, J.-The facts of the application under Order 21, rule 16 and Order 34, rule 6, Civil Procedure Code, out of which this appeal arises, are as follows:-

The appellant here was the second respondent to the application in the Court below, while the 1st respondent here was the applicant there. The application prayed that the assignment in favour of the applicant of rights under the final decree in a mortgage suit, O.S. No. 139 of 1926, Sub-Court, Madura, by the decreeholder therein, may be recognised, and that a decree may be passed against the first judgment-debtor, the father of the second personally and against the joint family assets of the two defendants for Rs. 34,538-14-11, being the unrealised balance still outstanding after the sale in execution of the final decree in the suit. The assignment relied on as the basis of the application was one effected by the original decree-holder after the confirmation of the execution sale under the final decree. The deed of assignment is filed as Exhibit P-1 and is dated 26th January, 1943. It provided that the profit and loss incidental to the assignment was to be the assignee’s own concern and described the first item of