Patanjali Sastri, J.

1. The appellant held a decree passed on nth April, 1934, against respondent for payment of Rs. 615-10-8 due on a promissory note and Rs. 111-3-0 tor costs. In execution of another decree certain properties of the respondent were attached and sold, and out of the sale proceeds a sum of Rs. 788-13-2 was paid to the appellant on 30th August, 1941, by way of rateable distribution. In the meantime, however, the respondent applied on 30th June, 1941, for scaling down the appellants decree in accordance with the provisions of the Madras Agriculturists Relief Act, 1938, and the decree was scaled down to Rs. 344-1-5 with interest at six per cent, per annum from 1st October, 1937 and costs as originally awarded. This was on 30th October 1941. The respondent thereupon applied for festitution of Rs. 233-1-3 being the sum recovered by the appellant in excess of the amount of the decree and as scaled down, and the Courts below have allowed the claim. Hence the appeal.

2. Two contentions have been urged on,behalf of the appellant. It is argued, firstly, that Section 144 of the Code of Civil Procedure is not applicable to the case as the decree originally passed in favo