( 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:3. 1 formerly, plaintiff filed Regular Civil Suit No. 1044 of 1998 for a decree of declaration to the effect that defendant has no right, title or interest to transfer the suit property described in Para 11 of the plaint to any other person, without consent of plaintiff. Consequently, plaintiff also prayed for a perpetual prohibitory injunction restraining defendant from transferring the said property to any other person. Subsequently plaintiff amended the plaint and prayed for a decree for specific performance of an agreement to sell dated 21/07/1998 executed by defendant in favour of plaintiff, as a result of such amendment, the aforesaid Regular Civil Suit No. 1044 of 1998 was converted and it was numbered as Spe