S.N. Jha, CJ.-This second appeal by the plaintiff is directed against the decision of the Additional District Judge, Abu Road District Sirohi in Civil Appeal No. 13/2002 affirming the decision of the Civil Judge (Senior Division), Mount Abu rejecting the plaint in terms of Order-7, Rule-11 of the Civil Procedure Code. The order rejecting the plaint amounts to decree under Section 2(2) of the Code and accordingly the appellant preferred appeal in the District Court which was dismissed by the Additional District Judge, as mentioned above.

.2. The appellant filed suit for declaration and permanent injunction in respect of three temples known as Shri Adhar Devi, Kuwari Kanya and Shri Achleshwar Mahadev, Achalgarh claiming hereditary right to participate in the management of the temple as trustee and right to worship. The Courts below found that the suit was barred under Section 73 of the Rajasthan Public Trusts Act, 1959 (in short the Act) and accordingly rejected the plaint in terms of Clause (d) of Order-7 Rule-11 of the Civil Procedure Code. Under Clause (d) of Order-7 Rule-11, the plaint “shall be rejected where the suit appears from the statement in the plaint to be barre