Wadsworth, J.

1. This is an appeal against an order of our learned brother Venkataramana Rao J., on an application under Section 19 of Madras Act IV of 1938 to scale down the debt due under a decree on a mortgage. The mortgage was for an amount of Rs. 7,500 and it was dated the 30th August, 1925. It was assigned to one Jagannatham Chetty who sued on the mortgage in C S. No. 42 of 1933. There was a preliminary decree for the principal amount with Rs. 3,311-140 interest and Rs. 336-8-0 subsequent interest up to the date fixed for redemption and Rs. 1,515-8-0 taxed costs. Final decree was passed in February, 1935. In October 1935, the judgment-debtors obtained the leave of the Court to raise a sum of Rs. 8,500 on a first mortgage of one item of the hypotheca, the amount so raised being paid to the credit of the decree. And in pursuance of this arrangement, on the 14th November, 1935 the Insurance Company which had taken the mortgage deposited Rs. 8,500 towards the decree. In June of the following year, the decree was assigned to one Krishnayya Chetti and on 13th August, 1936 a further sum of Rs. 500 was paid into Court to the credit of the decree. On the 16th April, 1937 part s