Varadachariar, J.

1. The plaintiffs appeal against the decree dismissing their suit in limine. They had obtained a money-decree against the first defendant and in execution thereof they attempted to attach a promissory note, dated 23rd December, 1924, executed by the second defendant in favour of the third defendant and endorsed by the third defendant to the fourth defendant. The allegations in the plaint were that, with a view to defraud the plaintiffs of the amount clue to them under their decree, the first, third and fourth defendants joined together and got this promissory note executed by the second defendant in favour of the third defendant in respect of a sum of money really due by the second defendant to the first and that in pursuance of the same fraudulent scheme the note was transferred to the fourth defendant without any consideration. An application to attach this promissory note was dismissed, on objection raised by the fourth defendant, on the ground that the promissory note standing in his name or in the name of the third defendant could not be attached. This suit was then laid for a declaration that the promissory note is liable to be attached in execution o