( 1 ) THIS is an appeal under Sec. 104 of the Civil Procedure Code read with Order 43 Rule 1 (r) of the Civil Procedure Code challenging an order dt. 31st July, 2000 passed below Notice of Motion Ex. 6 in Civil Suit No. 2971 of 2000 by learned Auxi. Chamber Judge, City Civil Court, Ahmedabad ( who will be referred to hereinafter as the learned Judge of the trial court ). When this appeal was taken up for hearing at admission stage, both the parties submitted to this court that this appeal be taken up for final hearing as if it is already admitted, and therefore, at the request of both the parties, this appeal is finally heard and decided and disposed of at admission stage.

( 2 ) HERE in this appeal, appellant is a plaintiff, while respondent nos. 1 and 2 are defendant nos. 1 and 2 respectively in Civil Suit No. 2971 of 2000 which is pending on the file of learned Judge of the trial court, and therefore, for the sake of convenience, parties will be referred to hereinafter as the plaintiff, defendant no. 1 and defendant no. 2 respectively at appropriate place.

( 3 ) THE facts leading to this present appeal in a nutshell are as follows:-THE defendant no. 1 obtained a pi