1. This is an appeal from the order of the learned Subordinate Judge of Amalapuram dismissing an application by a transferee decree-holder under Order 21, Rule 16 to recognise the transfer of the decree in his favour and to execute it against the judgment-debtors property. The decree that was transferred was a decree for costs in favour of an undischarged insolvent. He obtained the decree after the order of adjudication under the following circumstances. The order adjudging the transferor insolvent was passed in 1923. On a mortgage executed by him before the adjudication a suit was instituted in 1927 being O.S. No. 1 of 1927 on the file of the Subordinate Judges Court, Amalapuram. An ex parte decree was passed against him and he sought to set aside that decree. The learned Subordinate Judge who heard the application dismissed it on the ground that he had no right to present the application because he was an undischarged insolvent and the right to redeem vested in the Official Receiver. Against the said order an appeal was presented to the High Court. Their Lordships Reilly and Anantakrishna Aiyar, JJ., took the view that though the insolvent was not a necessary party to the