Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Rejection of application with observation that in case of transfer of property to any third party, the subsequent purchaser shall be entitled to only those rights which would be decided in favour of defendant–Justification–Gift deed by the deceased was executed when he was worst of his health and aged more than 80 years–Signatures are totally different from the available signatures–These would be proved after the evidence of parties–Balance of convenience is in favour of plaintiff–Held, defendants are restrained from alienating the property or creating third party rights over the property.
