(1.) This is an appeal under Sec.104 of the Code of Civil Procedure read with Order 43 Rule 1(r) of the Civil Procedure Code directed against order dated 2nd August, 1999 passed below Exh.5 in Special Civil Suit No. 161 of 1999 by the learned IIIrd Joint Civil Judge (S.D.), Vadodara.
(2.) The present appellant is the plaintiff, while respondent is the defendant in aforesaid suit.
(3.) Facts leading to the present appeal in a nutshell are as follows: