This appeal arises out of an order by the learned Subordinate Judge of Trichinopoly who allowed the first respondent’s application to correct a mortgage deed, a judgment, a preliminary decree and the final decree passed upon the mortgage deed. The first appellant is the original mortgagor, the other two appellants are his grandsons, and the first respondent is the assignee of the original mortgagee. The mortgage was created in 1922 in favour of one Vadi-velam Pillai in respect of three items of property including one to which I will refer as No. 1467. In 1928 a preliminary decree was passed followed by the final decree in 1929. Shortly thereafter, the mortgagee discovered that the mortgagor had no title to No. 1467 and in 1930, in E.A. No. 494 of 1939, he applied for attachment of property No. 1466 to which, it is apparently common ground, the mortgagor had a title. That application was ordered and attachment was effected. Nothing further was done for nearly three years. In 1933 the mortgagee decree-holder assigned the decree to the present first respondent who was the petitioner in the Court below. At the time of the assignment, it was apparently manifest that t