V. RAMASWAMI, J.:- The plaintiff is the appellant. The suit was filed by him for a declaration that the decree dated 25-3-1952 in C.S. No.173 of 1950 on the file of this court was void as far as the plaintiff was concerned on the ground that the said decree had been obtained by fraud and suppression of the unregistered partnership agreement between the defendants and for restraining the first defendant from executing the said decree, or in the alternative for declaring the transfers of the funds of the second defendant made by the first defendant in his accounts as void and directing the first defendant to adjust the decree amount from the moneys standing to the credit of the second defendant and his wife with the firm of Kaka Mohammed Ghouse and Company. The plaintiff also prayed for a decree for enforcement of the indemnity clause in the agreement executed by the second defendant in favour of the plaintiff and for costs.

2. The case of the plaintiff as set out in the plaint is as follows. The plaintiff, the 22nd defendant and one Abdul Ahmad were carrying on business in partnership, under the name and style of Roshan N.M.A. Carim Oomer and Co. (hereinafter called Roshan a