1. This is an appeal by the 3rd defendant from the decree in O.S. No. 45 of 1113 of the Trivandrum District Court. In view of the order that we propose to make, it is unnecessary to state the facts in detail. The 3rd defendant, subscriber in a chitty of which the 2nd defendant was foreman sued the latter in O.S. No. 81 of 1100 for realisation of chitty money due for him, obtained a decree and in execution, purchased a chitty hypothecation bond executed by the deceased father of the 1st defendant in favour of the 2nd defendant. He sued on the bond in O.S. No. 17 of 1101 and in execution of the decree obtained by him, purchased the plaint schedule properties. The plaintiff was a party to the latter suit. One of the defendants in the suit appealed to the High Court in A.S. No. 406 of 1105. The plaintiff payed for a declaration that these decrees were obtained fraudulently and collusively, and would not bind her or affect the transfer of the hypothecation bond to her by the 2nd defendant, and for other reliefs. The 4th defendant had instituted an earlier suit as O.S. No. 43 of 1107 for more or less the same relief- He claimed to have attached this bond for amount due to him