( 1 ) AT the request of learned advocates for both the parties, these two appeals from orders are disposed by this common judgment, as in both these appeals, a common order dated 19th September, 1992 passed below application Ex. 5 and Ex. 18 in Special Civil Suit No. 2 of 1991 which is still pending on the file of learned III Joint Civil Judge (Senior Division), Palanpur (who will be referred o hereinafter as the learned Judge of the trial Court for the sake of convenience), has been challenged on the ground that said common order by which two applications Exs. 5 and 18 have been disposed of, is not legal and valid and the same is not according to law.

( 2 ) IN Appeal From Order No. 546 of 1992, appellant is the defendant no. 1, while respondent nos. 1 and 2 are original plaintiff and defendant no. 2 respectively in Special Civil Suit No. 2 of 1991. 2. 1 in Appeal From Order No. 566 of 1992, appellant is original plaintiff, while respondents are defendant nos. 1 and 2 respectively in aforesaid suit. For the sake of convenience, parties will be referred to hereinafter as the plaintiff and respective defendants at appropriate places.

( 3 ) IN Appeal From Order No. 546