JUDGMENT Sen, J. - This is an application for a final decree in a mortgage suit. The application is opposed by the Defendant who seeks for relief under the Bengal Money-Lenders Act. On behalf of the Plaintiff it is contended that no relief can be granted to the Defendant under the Bengal Money-Lenders Act inasmuch as the Defendant has not come before the Court by a separate application. It is contended that relief cannot be granted to the Defendant on the Plaintiff's application for a final decree. In my opinion there is no substance in this contention. The words of sec. 36 of the Bengal Money-Lenders Act are perfectly clear. It says that if in any suit to which the Act applies, whether heard ex parte or otherwise, the Court has reason to believe that the exercise of one or more powers under this section will give relief to the borrower, it shall exercise all or any of the powers mentioned in this section. The present suit is a suit to which the Act applies and it is pending inasmuch as a final decree is being prayed for. The Court may, therefore, suo motu grant any relief to which the Defendant may be entitled under the Bengal Money-Lenders Act. The next question is whether the Defendant is entitled to any relief. The decree was passed on the basis of a mortgage deed which provided for interest at the rate of 12 per cent. compound. This is clearly above the rate mentioned in sec. 30 of the Act. The Defendant is therefore entitled to relief, and in order to grant this relief the preliminary decree must be reopened and a new decree must be passed in. accordance with the provisions of sec. 34 of the Bengal Money-Lenders Act. 2. Both parties agree before me that the sum of Rs. 844 is due up to date on the basis of interest calculated at 8 per cent. simple. There will be a decree for this sum. The decretal amount shall be paid in two equal annual installments. The first annual installment shall be paid six months from date. In default of payment of the first installment the Plaintiff shall give the Defendant one month's notice and thereafter shall proceed to apply for a final decree in accordance with the provisions of sec. 34 (1) (a) (ii) of the Bengal Money-Lenders Act. The first annual installment shall be paid six months from date. In default of payment of the first installment the Plaintiff shall give the Defendant one month's notice and thereafter shall proceed to apply for a final decree in accordance with the provisions of sec. 34 (1) (a) (ii) of the Bengal Money-Lenders Act. The Defendant shall pay the costs of this application and the costs of the reopened decree.