Code of Civil Procedure, 1908–Order 39, Rules 1 & 2 r/w. Sec. 151–While deciding the application, the trial Court made the observation on the merits of the case itself–It would definitely prejudice the case of appellant–Findings are virtually final adjudication of the matter without framing the issues and without taking the evidence for adjudication of the issues–Impugned order quashed and set aside and matter remanded back with certain
directions.
