JUDGMENT

Niamatullah, J. - This is an appeal from an order passed by the Deputy Commissioner of Kumaon exercising the jurisdiction of a civil Court. The appellants' objection to attachment of certain property, which they alleged to be ancestral property was dismissed on the ground that a previous decision between the parties operated as a bar to the objections subsequently raised.

2. The circumstances which led to the objection in question are briefly these The respondent Shyam Lal instituted a suit on foot of a promissory note purporting to have been executed by three persons; Sakhan Lal, and Bisant Lal and Bishambhar, who were impleaded as defendants 1 to 3. The son of defendant 1 and two sons of defendant 2 were also impleaded as parties on the allegation that the debt contracted by the first three defendants were such as bound the entire family. The sons, that is, defendants 4 to 6, contested the suit on the ground that the debt to which the promissory note related had been contracted for immoral purposes. The Court first struck an issue which threw the onus of establishing the unlawful character of the debt upon the sons. Subsequently, on a representation made by defendants 4 to