1 The 3rd Defendant is the appellant. The suit is for money due under a chitty hypothecation bond Ext. A dated 26-8-1106 executed by the 1st defendant in favour of the foreman who were Puthenpurakkal Varki Thommi and Vazhapallil Poulose Kuruvila. The 1st defendant prized the ticket on 1-3-1106 at the seventh drawing and drew the amount. He defaulted to pay the subscriptions thereafter. In Thulam 1106, there was an Udampady between the two foremen and their children. By this Udampady one of the foremen Poulose Kuruvila and the son of the other foreman, Thommi Varghese, were authorised to realise the outstandings or assign the same in favour of others for money due to them. Accordingly the plaintiff was given the assignment of the rights under Ext. A by Ext. C dated 2-5-1119. The plaintiff stated that he came to know that in execution of the decree in OS 642 of 1108 of the Alleppey Munsiff's Court, the Keralavilasom Bank impleaded in this case as the 2nd defendant had purchased the rights under Ext. A bond, that the said decree and the execution proceedings were invalid and not binding on the foremen mainly because the foremen were not impleaded in the above suit, that the said decre

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