Leach, C.J.

1. The learned Judges who have referred this appeal to a Full Bench have done so because they are of the opinion that the decision of this Court in Soorayya v. Venkataratnam A.I.R. 1924 Mad. 210 requires reconsideration. We consider that the opinion is well founded, but as the whole appeal has been placed before us it is necessary for us to travel further a field. The facts are somewhat complicated and in order to appreciate the position we have to bear in mind what has happened in three suits. The first of the suits is O.S. No. 11 of 1931 of the Court of the District Munsif of Tuticorin. It resulted in a money decree being obtained by one Ibrahim against respondent 2 on 2nd April 1932. The second case is O.S. No. 13 of 1932 of the Court of the Subordinate Judge of Tuticorin. Here respondent 1 obtained a preliminary mortgage decree against respondent 2. This was made final on 31st October 1933. On 8th October 1935, respondent 1 assigned the decree to one Mohideen, who on 2nd June 1942 assigned it to the appellant, who is the son of Ibrahim. The third suit is O.S. No. 95 of 1932. It was filed in the Court of the District Munsif of Kumbakonam by one Srinivasa Chett