Alfred Henry Lionel Leach, C.J.

1. This civil revision petition raises the question whether a co-mortgagee when suing to recover his individual share in the mortgage must value his suit according to the full amount due under the deed, or whether he may value it according to his own share. The question has arisen in other cases in this Court and there is a conflict of opinion. It is certainly one of some difficulty. In the present case there is a charge on Immovable properties and not a mortgage, but the same principle admittedly will apply.

2. In the year 1919 one Vanchi Pattar organised a chit fund, of which he constituted himself the manager. The subscriptions were to be paid to him and as security for the discharge of his obligation to the subscribers he created a charge on certain Immovable properties. Rama Pattar, the father of the petitioner and of the fourth and fifth respondents, subscribed to the fund on behalf of his family, which was then joint. Eventually the family became entitled to withdraw from the fund Rs. 3,032, but Rama Pattar died without receiving payment. After his death his sons separated and under the decree passed in a partition suit the petitioner b