JUDGMENT

S.S. Dhavan, J. - This is a plaintiff's second appeal from the decree of the Third Additional Civil Judge, Kanpur reversing that of the First Additional Munsif, Kanpur, and dismissing his suit for the recovery of Rs. 1941/13/- from a person who had been declared an evacuee under the Administration of Evacuee Property Act. The facts are these. The plaintiff appellant Amjad Ali and the first defendant respondent Ali Hasan are brothers. They owed two debts to two different persons (creditors' names are immaterial) . Both these creditors obtained decrees against Amjad Ali and Ali Hasan for Rs. 1850/- and Rs. 2033/- respectively. The plaintiff appellant paid oil the decretal amounts to both decree holders. He then filed a suit against his brother and co-debtor Ali Hasan under Section 43 of the Contract Act for recovery of Rs. 1941/13/- as the latter's share of the debt and impleaded the Union of India as a co-defendant because Ali Hasan had been declared evacuee. The appellant paid off the decrees in 1952. But Ali Hasan had already been declared an evacuee and his property evacuee property in 1951. The decree holders who had filed suits against the appellant and his brother and