Subhedar, A J C—The facts leading to this appeal are shortly these. In civil Suit No. 156 of 1927 the plaintiff obtained against defendant 2 a simple money decree for Rs. 1,851 on 22nd April 1927 and in execution thereof attached certain property belonging to the judgment-debtor. It was alleged that with the intention of defeating the plaintiff's claim under the aforesaid decree defendant 2, acting in collusion with defendant 1 executed a bogus promissory note in his favour on the basis of which the latter, in civil Suit 117 of 1930, fraudulently obtained a decree against the former for Rs. 1,746-4-0 and in execution got the same property attached which was attached by the plaintiff and had applied for rateable distribution under Section 73, Civil P. C. The plaintiff therefore brought the suit out of which this appeal arises, for a declaration that the promissory note executed by defendant 2 in favour of defendant 1 was bogus and fraudulent and that the decree obtained by defendant 1 against defendant 2 in civil No. 117 of 1930 was void against him for the same reason. By way of consequential relief the plaintiff prayed that defendant 1 be permanently restrained by an injun