Srinivasa Ayyangar, J.

1. The plaintiff in the suit from which this second appeal has arisen is the appellant here. His suit was primarily to have it declared that the decree passed against him in O.S. 26 of 1905 on the file of the Subordinate Judge, Kumbakonam, is not binding on him. The grounds on which such a declaration has been asked for, so far as one is able to gather the same from the plaint, are that he was the minor defendant 12 in that suit and that even though his father Krishnaswamier was appointed guardian ad litem in the suit he colluded with the plaintiffs in the action allowing a decree ex parte to result against him. The reliefs prayed for by the plaintiff on the basis of the declaration above referred to have reference to two sets of properties, one in Schedule A and the other in Schedule B. The primary relief is only in respect of properties described in Sch A. The relief in respect of properties in Schedule B is only prayed for in the alternative. The Court of first instance granted a decree in favour of the plaintiff in respect of the properties in Schedule A. On appeal by the defendants the decree passed by the Court of first instance was reversed and