Ramaswami, J.

1. This is an application for leave to appeal to the Supreme Court on behalf of the plaintiff under rticle 133 of the Constitution.

2. The petitioner and his brother, since deceased, brought Title Suit No. 24/15 of 1943/1945 in the Court of the 1st Subordinate Judge, Patna, for a declaration that an ex parte decree dated 19-11-1938, granted by the 2nd Subordinate Judge of Patna in Title Mortgage Suit No. 14 of 1938 and the sale in execution of that decree were fraudulent and collusive and not binding upon the plaintiffs nor on the share of the joint family properties to which the plaintiffs were entitled. There was also a prayer for recovery of possession of the properties and for ascertainment of mesne profits. A further relief was also claimed for a permanent injunction against the opposite party restraining them from taking delivery of possession over the properties in suit. The suit was contested by the opposite party and on 22-5-1946, the suit was dismissed by the Additional Subordinate Judge, Patna. The plaintiff preferred First Appeal No. 374 of 194S in the High Court against the judgment and decree of the Additional Subordinate Judge, Patna.

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