The appellant who is the plaintiff in the suit for partition and separate possession, Original Suit No. 66 of 1947, has preferred this appeal against the order of the lower Court dismissing his application for the passing of the final decree on the ground that be committed fraud on the lower Court in obtaining the preliminary decree for partition.

The main facts which are not in controversy may be stated. The B schedule properties of which A schedule also forms part, belonged to four brothers the first defendant, the third, the sixth and the father of the seventh defendant. The second defendant is the son of the first defendant, defendants 4 and 5 are sons of the third defendant and the other defendants are alienees. One Chunilal Sowcar (hereinafter referred to as Sowcar) obtained a decree in Original Suit No. 102 of 1930, against the first defendant on 2nd September, 1930. Later on in 1931, defendants 3 and 6 executed security bonds offering themselves liable as sureties for the decree amount. There was first an attachment for the realisation of the amount due under the decree, viz., Rs. 2,673-4-0 of the share of the first, third and sixth defendants and the executin