(1.) With the consent of the learned advocates, the matter is heard finally.
(2.) The original plaintiff has filed this appeal from order under Section 104 and Order 43 Sub-clause r of the Civil Procedure Code against the order of 8th Jt. Civil Judge (S.D.), Baroda passed on 7.11.01 on exh. 5 dated 24.10.01.
(3.) The brief facts leading to the filing of this A.O. are as under :