1. Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), petitioner-defendants have assailed the impugned order dated 7th of January 2014 passed by the Addl. District & Sessions Judge No.3, Jodhpur Metropolitan (learned trial Court), whereby the learned trial Court has rejected their application under Order VII Rule 11 read with Section 151 CPC.

2. The facts apposite for the purpose of this revision petition are that first respondent-plaintiff instituted a civil suit before the learned trial Court against petitioners and proforma respondents for cancellation of sale-deeds and perpetual injunction. It is inter-alia averred in the plaint that Kewal Ram, father of respondent-plaintiff jointly owned land measuring 114 bighas and 17 biswas with his other siblings Shivji Ram, Basta Ram and Jawana Ram at village Doli, Tehsil Luni, District Jodhpur. By mutual agreement, all the brothers partitioned the entire land and in terms of partition, land measuring 41 bighas 10 biswas was entered in the name of joint Hindu Family property of Kewal Ram in the revenue records. The entire land, as per the version of respondent