1. - The defendant has approached this Court by way of present revision petition tinder Section 115 C.P.C. being aggrieved of the order dated 11.11.2008, whereby, the learned trial Court of Civil Judge (Jr. Div.), jodhpur City, jodhpur rejected the defendant's application under Order 14, Rule 2 C.P.C. read with Section 151 C.P.C. seeking to raise the jurisdictional question before the trial Court in respect of Eviction Suit No. 80/2000 - Chetani Vyason Ki Bagichi Neelkanth Mahadev Trust, Fatehsagar, Jodhpur v. Shri Jin Kushal Guru Pracheen Dadawadi Bhaktjan Samiti, Jodhpur , filed by the plaintiff respondent by framing additional issue for deciding the jurisdictional issue before hand since according to the defendant, the suit itself was not maintainable as barred by Sections 29 and 73 of the Rajasthan Public Trusts Act, 1959 (for short "the Act of 1959").

2. The learned trial Court had rejected the said application with cost of Rs. 200/- by the impugned order on the ground that issue Nos. 7-A, 7-B and 7-C are mixed questions of fact and law and, therefore, deserve to the decided only after evidence is led by the parties and hence application under Order 14, Rule 2 C.P.C.