JUDGMENT

Macpherson, J. - The only ground of special appeal which it is necessary for me to notice, because I think that it is the only one in which there is any substance, is the first, namely, that the plaint merely asks for a declaratory decree, and therefore discloses no legal cause of action. The suit is brought to obtain a declaration that a certain mortgage - bond dated 24th March 1869, which has in fact been registered, and is falsely alleged to have been registered by the plaintiff, is invalid, as being a forgery, the registration of which was obtained by a false personation of the plaintiff.

2. The defendant, while contending that the suit would not lie as being merely for a declaratory decree, pleaded that the bond was genuine and was really executed by the plaintiff, and that the plaintiff himself got it registered.

3. The lower Appellate Court has found the facts for the plaintiff; that is to say, has found that the bond is a forgery, and that the plaintiff never executed it and never got it registered.

4. Mr. Ghose for the defendant contends that, inasmuch as no special injury to the plaintiff by reason of the existence of this bond is alleged in the plaint or found by th