Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Rejection of application–Justification–Suit for specific performance–Case of the defendant that no such agreement of sale was executed, and the agreement of sale is insufficiently stamped–Further, there is no copy of the receipt of Rs. two lakh on record–Objections are mixed questions of facts and law and these shall be decided after framing the issues and taking the evidence–If third party rights are created, it would result in multiplicity and complicity of proceedings–All the three ingredients are in favour of the plaintiff–Held, defendant-respondents are restrained from creating the third party rights.
