JUDGMENT:.- This is an appeal by one the defendants in the suit. Bishwanath Bajpai plaintiff filed a suit for the declaration that the suit plots belonged to defendant No. 3 Chhedi Barai and they are liable to be attached in execution of the decrees of the plaintiff and other creditors against Chhedi Barai. The plaintiff also prayed for the relief of cancellation of a gift deed dated 1st March, 1954 executed by Chhedi Barai in favour of the defendants Nos. 1 and 2.

2. Plaintiff's case was that he had filed No. 456 of 1964 against defendant No. 3 Chhedi Barai on the basis of a promissory note executed by the latter. The suit plots were attached before judgment in that suit. Objections were filed by defendants Nos. 1 and 2 and the plots do suit were released in their favour. These defendants claimed that they were the owners of the plots in dispute by means of the gift deed dated 1st March, 1954 executed is their favour by Chhedi Barai. The order releasing the suit plots in favour of defendants Nos. 1 and 2 was challenged in the suit and it was further stated that the gift deed dated 1st March, 1954 in favour of defendants 1 and 2 was a fictitious document and it was executed to pract

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