Wadsworth, J.

1. This appeal arises out of an application by the appellant to scale down a preliminary decree on a mortgage. The mortgage in question was originally contracted on 5th January, 1931, on the security of house property situated within a municipality. The suit was filed on the mortgage in 1937, resulting in a preliminary decree dated 26th February, 1938 and it is that preliminary decree which the appellant sought to scale down under Section 19 of the Act. In 1938 the decree-holder, not being satisfied with the security given under the mortgage, filed two applications : one for the appointment of a receiver and the other for the attachment of certain agricultural lands belonging to the judgment-debtor By way of defence to these applications the judgment-debtor came forward with an offer to give the agricultural lands, of which attachment was claimed, as additional security for the amount of the debt. This offer was accepted and on the execution of a bond (Ex. D) dated 23rd July, 1938, both the receiver application and the attachment application were dismissed. The contention upon which the application under Section 19 is based is that by reason of the terms of Ex.