H.H.MEHTA - (1.) At the request of learned advocates for both the parties, these two appeals from orders are disposed by this common judgment, as in both these appeals, a common order dated 19th September, 1992 passed below application Ex.5 and Ex.18 in Special Civil Suit No.2 of 1991 which is still pending on the file of learned III Joint Civil Judge (Senior Division), Palanpur (who will be referred o hereinafter as the learned Judge of the trial Court for the sake of convenience), has been challenged on the ground that said common order by which two applications Exs.5 and 18 have been disposed of, is not legal and valid and the same is not according to law.
(2.) In Appeal From Order No. 546 of 1992, appellant is the defendant no.1, while respondent nos. 1 and 2 are original plaintiff and defendant no.2 respectively in Special Civil Suit No.2 of 1991. 2.1 In Appeal From Order No. 566 of 1992, appellant is original plaintiff, while respondents are defendant nos.1 and 2 respectively in aforesaid suit. For the sake of convenience, parties will be referred to hereinafter as the plaintiff and respective defendants at appropriate places.
(3.) In Appeal From Order No. 546 of 1992, the appellant i.e. defendant no.1 has challenged an order below application Ex.5, while in Appeal From Order No. 566 of 1992, the original plaintiff has challenged the order below application Ex.18, in aforesaid suit.;