K. Ramakrishnan, J.

1. Dissatisfied 2nd defendant in O.S.No.361/86 on the file of the Munsiff Court, Wadakkanchery is the appellant herein. The suit was one filed by the 2nd respondent herein as plaintiff for declaration that the judgment in O.S.No.465/68 of the Principal Munsiff Court, Wadakkancherry has been obtained by fraud and in collusion with plaintiff in that case by the defendants and as such the decree and consequential execution proceedings and the sale of the property is to be set aside and not binding on the plaintiff or the plaint schedule property and declare that the defendants have no right over the same and for recovery of plaint schedule property with mesne profits past and future and cost of the proceedings and also for return of gold ornaments and other movables belonged to his mother from the respondents with the following allegations:-

The first defendant is the plaintiff's mother's sister and 2nd defendant is her husband. There was a partition of the family properties of the mother of the plaintiff in the year 1957 and as per the partition deed, the share of the mother was allotted and she was minor at that time and she was represented by the 1st defen