Wadsworth, J.

1. This Civil Revision Petition raises a question of the interpretation of Section 9 of Madras Act IV of 1938. The petitioner here was the plaintiff in the Court below. She sued on a promissory note for Rs. 600 dated 20th March, 1935, which carried interest at 15 per cent. per annum. The plaint alleged a series of payments totalling Rs. 165 towards interest and thereafter a payment of Rs. 212 towards interest and principal on 15th March, 1938. The lower Court assumed the truth of the assertion in the plaint that the payments were towards interest without recording any finding on the subject and concluded that the balance left over after crediting these payments towards the interest as scaled down under Section 9(1) of the Act would be available in reduction of the principal amount. It is contended that this interpretation of the section is wrong.

2. Section 9(1) stipulates that interest shall be calculated up to the commencement of the Act at the contract rate or at 5 per cent. whichever is less, that credit shall be given for all sums paid towards interest and that only such amount as is found outstanding, if any, for interest thus calculated shall be deemed pa