( 1 ) THE plaintiff is the appellant. The suit is filed for a declaration that the decree obtained by the second defendant namely T. Yasodaratnam against the first defendant namely T. Sundara Satyanarayana in O. S. No. 108/71 on the file of ii Addl. Sub-Court, Vijayawada and the consequent execution proceedings in e. P. No. 21/72 are collusive, sham, nominal, fradulent, illegal, void and not binding on the plaintiff and for a permanent injunction restraining the third defendant namely V. Rama Tulasamma from proceeding with execution proceedings in E. P. No. 74/74 in O. S. No. 1319/73 on the file of the District munsif s Court, Vijayawada and for costs of the suit.

( 2 ) THE averments in the plaint are as follows: The second defendant is the wife of the first defendant. The first defendant borrowed a sum of Rs. 2,500 /- on 4-4-1966; Rs. 27,500/- on 5-4-1966 and Rs. 1,550/- on 5-8-1968 from the plaintiff and executed pronotes agreeing to pay interest at the rate of Rs. 12%, 15% and 12% respectively. The said amounts were borrowed for the purpose of filing a suit against Smt. Pandiri Sakuntalamma, wife of Kanakaratnam and for purpose of depositing necessary stamp and