( 1 ) THIS is an appeal under Sec. 104 (1) of C. P. C. read with Order 43, Rule l (r) of C. P. C. , filed by the original defendant Nos. 2 and 3 in Special Civil Suit No. 39 of 1994, challenging an order dated 15-3-1995, passed below Exh. 5 in Special Civil Suit No. 39 of 1994, at present, pending on the file of 2nd Jt. Civil Judge (S. D.), Bhavnagar (who will be referred to hereinafter as the learned Judge of the trial Court ).

( 2 ) HERE in this appeal, the appellants are the original defendant Nos. 2 and 3 while respondent No. 1 is a plaintiff in that suit. Respondent Nos. 2/a and 2/b are the heirs and legal representatives of original defendant No. 1 in the aforesaid suit, and therefore, parties will be referred to hereinafter as the plaintiff and defendants respectively at appropriate places.

( 3 ) THE facts leading to this appeal in a nutshell are as follows :

( 4 ) TILL 29-4-1983, plaintiff was a Power of Attorney-Holder of defendant no. 1-Dr. Virbhadrasinhji Gohil. On or about 21-3-1980, defendant No. 1 executed one agreement to sell (Banakhat) in favour of plaintiff for four different lands bearing Survey Nos. 244, 248, 258 (Paiki 8000 sq. yds.) and Survey no