( 1 ) THE ingenuity of the appellant in pursuing the frivolous litigation is remarkable. After entering into so-called agreement as back as in February 1992, the plaintiff had guts to approach the Court after more than 13 years by taking out frivolous arid unsustainable proceedings by filing a suit for specific performance. The facts of the case will reveal as to how the plaintiff has tried to take advantage of the situation in order to take away the property of one of the defendants, namely, Govindbhai bhagvanbhai Patel and how the plaintiff has made a feeble attempt to get the said property by filing a suit for specific performance of the agreement.

( 2 ) THE appellant is the original plaintiff of Special Civil Suit No. 53/2005. The said suit is filed for getting decree for specific performance on the basis of an agreement to sale dated 23-2-1992, which according to the plaintiff is executed by the original owner of the land, namely, Patel Govindbhai bhagvanbhai, who is defendant No. 1 in the said suit. The case of the plaintiff is that on the basis of the said agreement, he has paid part consideration to defendant No. l. As the averment made in paragraph 1 of