DINESH MEHTA,J. - (1.) Heard learned counsel for the petitioner, in a writ petition impugning an order dated 25th January 2017 passed by learned Additional District Judge No.5, Jodhpur Metropolitan rejecting the application dated 11.03.2016, filed by the petitioner-defendant No.2 under Section 151 of CPC.
(2.) Mr. Arpit Bhoot, learned counsel for the petitioner, narrating the facts stated that the plaintiff filed an application (Annx.2) under Order 21, Rule 35 read with sections 51 and 54 of the Code of Civil Procedure, 1908 for passing a final decree in terms of the preliminary decree dated 17.10.2012.
(3.) He contended that the provisions of Order 21, Rule 35 of CPC is not relevant and germane for the purpose, for which the application in question had been filed by the respondent and similarly, sections 51 and 54 of the Code of Civil Procedure apply to property relating to Government and hence, the petitioner defendant No.2 filed a specific application under Section 151 of CPC, seeking rejection of the application under consideration filed by the plaintiff-respondent.;