- (1.) This is plaintiff's second appeal arising out of a suit for declaration that the sale deed executed by him in favour of defendant No.1 on 17-10-1967 was a fictitious transaction as well as for permanent injunction restraining the defendant from interfering with his possession. A further relief was claimed asking the defendant No.1 to return the consideration of the subsequent sale effected by him in favour of defendant No.2 to 5.
(2.) The trial court had decreed the suit. On appeal by the defendant No.1 the decree passed by the trial court was set aside and the suit of the appellant was dismissed. Thereafter this second appeal.
(3.) The second appeal was admitted on the following question of law "Whether the decree for cancellation of the sale deed could be refused on the ground that the parties were pari-delicto although it was found that the sale deed was in fact a fictitious transaction entered into by the plaintiff with the object of defrauding his creditors.";