1. The allegations contained in the affidavit filed by the petitioner/7th defendant are as follows:

1. (i) The suit property originally belonged to one Appasamy Naidu who purported to create a deed of partition under which he pretended to divide his properties to his daughters, which violated the Agricultural Land Ceiling Act. The Court declared the document as hit by law. Appasamy Naidu died after executing a Will dated 112. 1983 by means of which he bequeathed the property to the plaintiff. Long time after his death the defendants in collusion with his father and grand mother filed a fraudulent suit in O.S.No.57 of 1990. The plaintiff was not made a party to the suit. Suppressing the Will, the suit was filed. Since the petitioner was not a party in O.S.No.57 of 1990, the decree passed in the suit is nullity, void and vitiated by collusion and fraud and not binding on him. Hence an amendment is sought for to the plaint with regard to necessary pleadings as to O.S.No.57 of 1990 and a declaration as follows:

"4) In Prayer Column add the following as (d)

"declare that the alleged decree in O.S.No.57/1990 as confirmed by A.S.No.440/1991 is bad, void, nullity, vitiated by co