The plaintiff having appropriated all the payments towards interest in his plaint which was filed before 1st October 1937 these appropriations cannot be ignored for the purpose of S. 8(1). The most favourable way of scaling down the debt is to adopt the reduced principal of rupees one hundred and seventy one, annas two and pies six (Rs. 171-2-6) arrived at according to the plaint, cancel the interest remaining as on 1st October 1937 and credit to the debt the balance of the post decree payment of rupees fifty four annas three and pies nine (Rs. 54-3-9) minus rupees forty and annas eight (Rs. 40-8-0) due for costs and give to the plaintiff a decree for the balance with interest at 6 per cent per annum from 1st October 1937. The petition is allowed with costs and the decree will be scaled down accordingly.
Petition allowed.
N.R.R