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 barred by any law.” Section 73 of the Act provides:-

.“Bar of jurisdiction-Save as expressly provided in this Act, no civil Court shall have jurisdiction to decide or deal with any question which is by or under this Act to be decided or dealt with by any officer or authority under this Act or in respect of which the decision or order of such officer or authority has been made final and conclusive.”

3. The only point for consideration is whether the subject matter of the suit falls within the purview of the Act so as to attract the provisions of Section 73. The relevant provisions of the Act may be noticed as under

.4. Section 17 of the Act provides for registration of public trusts by the Assistant Devasthan Commissioner (briefly mentioned as Assistant Commissioner) appointed under Section 8 of the Act. Sub-section (7) of Section 17 provides for appeal to the Commissioner. Subject to the appellate decision, the order of the Assistant Commissioner is final. Section 18 of the Act provides that the inquiry for the purpose of Section 17 shall be made in the prescribed manner for ascertaining:-

.(i) whether a trust exists and whether such trust is a public trust;

.(ii) whether any property is the property of such trust;

(iii) whether the whole or any substantial portion of the subject matter of the trust is situate within his jurisdiction;

.(iv) the names and addresses of the working trustee and the manager of such trust;

.(v) the mode of succession to the office of the trustee of such trust;

.(vi) the origin, nature and object of such trust;

(vii) the amount of gross average annual income and expenditure of such trust; and

(viii) the correctness or otherwise of any other particulars furnished under Sub-section(4) of

Section 17. Under Section 19 of the Act, the Assistant Commissioner is required to record his findings alongwith reasons, therefore, as to the matters mentioned in Section 18, referred to above. Section 20 again provides for appeal by any working trustee or person having interest in a public trust or in any property found to be trust property against findings of the Assistant Commissioner to the Commissioner, who may set-aside or modify such findings. Under Section 21 of the Act, the Assistant Commissioner is required to make entries in the Register of public trusts maintained under Section 16 (2) of the Act in accordance with the findings recorded by him under Section 19 or, if any appeal has been filed under Section 20 before the Commissioner, in accordance with the decision of the Commissioner on such appeal. Sub-section (2) of Section 21 provides that the entries so made shall, subject to the other provisions of the Act and subject to any change recorded under any provision of the Act or a rule made thereunder, be final and conclusive. Section 22