Code of Civil Procedure, 1908–Order 21 & Sec. 151–Application u/s. 151 was allowed with the observation that the objections are required to be decided without framing the issues–Objection were similar to the defence raised by the defendants in their written statement which has been decided by the Trial Court on the merits and even the second appeal filed thereagainst has been dismissed–Objector has admitted its encroachment over the charagah and it has been served the notice u/s. 91 of Rajasthan Land Revenue Act–Held, no error was committed in allowing the application.
