JUDGMENT

Kendall, J. - This is a defendant's appeal against a decree and order of the Subordinate Judge of Meerut, confirming the decision of the trial Court. The plaintiff sued for a declaration that certain property was his property and not attachable in execution of a decree in the following circumstances : The appellant had sued in the Small Cause Court to recover some money from two persons on the basis of a bond, and the present plaintiff-respondent was joined as a third defendant on the ground that there had been a partition between him and the appellant and that the bond had fallen to the share of the appellant. The suit was duly decreed in the Small Cause Court, the present plaintiff-respondent Shambhu Dayal being described as a pro forma defendant. Subsequently the decree-holder, that is the present appellant, attached the property which is now in dispute in execution of the decree, and the plaintiff-respondent made an objection in the executing Court to the effect that the property was not attachable, but was his. The objection was dismissed, and the plaintiff-respondent then came to the Court of the Munsif with the present suit for a declaration and obtained a decree in