Odgers, J.

1. The petitioner in this case is an assignee decree-holder from one Subbier of a decree obtained by the latter in a mortgage suit, O. S. No. 100 of 1920 on the file of the first Additional Subordinate Judges Court of Madura. On the 17th August 1921 a final decree was passed in the suit. On the 19th September 1923 Subbier was adjudicated an insolvent on a petition presented in March 1923. Respondent 4 then obtained a decree against Subbier in O. S. 248 of 1921 and pending this suit he got (in 1921) an order for attachment before judgment and attached this decree, i. e., in O. S. 100 of 1920. On the 7th July 1922 Subbier assigned this decree in O. S. 100 of 1920 to the petitioner. After respondent 4 obtained his decree in O. S. 248 of 1921 he took proceedings to execute the attached decree in O. S. 100 of 1920 and filed R. P. 53 of 1923. On the 27th June 1923 this was dismissed for default of further prosecution.

2. On the 20th February 1924 the petitioner filed the present petition to execute his mortgage decree as assignee of Subbier, The Court gave notice to the attaching decrees-holder respondent 4, and to the official receiver. Respondent 4 objected to the exec