( 1. ) THIS is a plaintiffs appeal under section 96 of the Code of Civil Procedure against the judgment and decree dated 5-8-1961 passed by the Second Additional District Judge, Jabalpur, dismissing his suit (Civil Suit No. 27-Aof 1960 ).

( 2. ) THE brief facts of the case are that Seth Ramkumar (plaintiff), who is now dead and whose legal representative has been brought on record, had filed Civil Suit No. 5-B of 1951 against respondent-defendants 2 to 5 (respondent No. 2 Jayantilal is also dead and his legal representatives have been brought on record) who were defendants in that suit. The said suit was decreed on 9-9-1954 for Rs. 24. 877/8/ and Rs. 2,969/1/- were awarded on account of corresponding costs. The copy of the decree is Ex. P-1. In execution of the decree, the plaintiff on 12-10-1954 secured attachment of a house No. 696 located on plot No. 111 in Wright Town, Jabalpur. On 19-10-1954, respondent No. 1 (defendant No. 1) filed an objection under Order 21, rule 58 of the code of Civil Procedure contending inter alia that he was donee of the attached property by virtue of the gift deed dated 4-3-1954 executed in his favour by his grand-mothers Smt. Jadao Bai and