( 1 ) THIS is a suit for a declaration that the decrees passed by this Court on 20-1-1958 and 18-8-1958 in suit No. 1182 of 1957 are invalid and illegal and not binding on the plaintiff, for an injunction restraining the defendants from enforcing the said decrees or taking any steps thereunder and for other incidental reliefs.

( 2 ) THE facts of the case fie in a very short compass. The plaintiffs father Ratan Chand Chugh deceased entered into an agreement on 9-6-1953 with the defendants herein whereby the latter agreed to lend to the borrower from time to time as and when required a total sum of Rs. 1,00,000/ for the purpose of the borrower's business. There is a recital in this document that in order to secure the proposed loan the borrower had agreed to execute, whenever called upon, a formal legal charge over his entire machinery and fixtures as specified in the schedule to the document. In pursuance of the above agreement and in consideration of a sum of Rs. 1,00,000/- the plaintiffs father Ratan Chand Chugh executed a mortgage in favour of the defendants herein of properties set out in the schedule to the deed of 4-8-1953. The mortgage was registered in Boo