Wadsworth, J.

1. This civil revision petition arises out of an application under Section 23 of Act IV of 1938. The petitioners here arc the decree-holder and the Court auction-purchaser in execution of the decree. The decree in question was passed in a Small Cause suit and is dated 30th October, 1933. The present second respondent was the judgment-debtor. In June, 1934 the decree-holder in execution attached a mortgage debt due to the judgment-debtor, the second respondent. The attachment was made under Order 21, Rule 46, Civil Procedure Code. On the 9th October, 1935, while the attachment was still pending, the judgment-debtor transferred her mortgage right to her daughter, the first respondent. In November, 1937 the mortgage right was sold by the Court in execution of the Small Cause decree and it was purchased by the second petitioner here. On the 7th January, 1938, as would appear from the execution records, full satisfaction of the Small Cause decree was recorded. On the 15th June, 1938, after Act IV of 1938 had come into force, the judgment-debtor and her transferee both joined in an application under Section 23 to set aside the sale of the mortgage right. We will assu