PRAJAPATI BABIBEN Vs. PRAJAPATI MANIBEN

JUDGEMENT

(1.) This is an Appeal from Order under Section 104 of the Civil Procedure Code read with Order-43, Rule-1(r) of the Civil Procedure Code filed by the original plaintiff No.2 of Special Civil Suit No.225 of 2000, which is pending on the file of 4th Joint Civil Judge (S.D.), Mehsana challenging an order dated 6/1/2001 passed below Exh. 6 in the aforesaid suit.

(2.) The present appellant is the plaintiff No.2, whereas the respondent No.1 is the defendant No.1 in the aforesaid suit. Respondent No. 2 is defendant No. 2 while respondent No. 3 is a plaintiff No. 1 (For the sake of brevity and convenience the parties shall be referred to hereinafter as the respective plaintiffs and respective defendants).

(3.) The facts leading to this appeal in nutshell are as follows :-