Gopal Krishan Vyas, J.—The present writ petition, filed under Articles 226 and 227 of the Constitution of India, is directed against the order dt. 19.07.2003 passed by Civil Judge (Sr. Dn.) and Addl. Chief Judl. Magistrate, Mt. Abu (hereinafter, ‘the trial Court’) in the civil suit, whereby the trial Court has allowed applications moved by the contesting respondents – one, under Order VII Rule 3, C.P.C. and the other, under Order XIV Rule 5, C.P.C.

2. In the writ petition, the petitioner claims that consequent upon the covenant signed for integration after independence of the country, the erstwhile ruler of Jodhpur was allowed to retain certain properties as his private properties through letter dt. 24.03.1949 of the Government of India and those properties were mentioned in the Schedule appended to the letter dt. 24.03.1949. It is averred that the suit property known as Jodhpur House, Mt. Abu was included in the inventory under letter dt. 24.03.1949. The plaintiff-petitioner Trust was set up vide trust-deed dt. 05.07.1971, registered on 14.09.1971, and it is averred that the suit property was transferred to the absolute ownership of the said trust.

3. The facts averred in the writ p

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