Mungeshwar Sahoo, J.

1. The plaintiff has filed this first appeal against the judgment and decree dated 10.5.2000 passed by Sri S.M. Nasimuddin, Sub-Judge-XV, Patna in Title Suit No. 106 of 2000 rejecting the plaint of the plaintiff-appellant under Order 7 Rule 11 of the Code of Civil Procedure.

2. It appears that Title Suit No. 119 of 1978 was filed by the defendant No.1 against the plaintiff and defendant No. 2 which was transferred to Debt Recovery Tribunal and it was registered as P.T. Case No. 241 of 1998. The said case was instituted by the Bank for recovery of loan advanced to defendant No. 2. The plaintiff executed equitable mortgage in favour of the bank. The said suit was decided by the Tribunal on 23.7.1999. A certificate was also issued which is pending before the defendant No. 3-respondent for execution of the same. The appeal filed by the plaintiff was dismissed. Therefore the plaintiff filed suit praying therein for declaration that the plaintiffs liability stands discharged because the property of defendant No. 2 has already been attached by the defendant No. 3.

3. The respondents filed an application under Order 7 Rule 1 Tread with Section 151 C.P.C. on 10