Arun Bhansali, J.

This revision petition is directed against the order dated 04.09.2012 passed by the Additional Civil Judge (Junior Division) No.3, Bikaner ('the trial court'), whereby, the application filed by the petitioners under Order 7, Rule 11(a) & (d) CPC has been dismissed.

2. The facts in brief may be noticed thus: the respondent-plaintiffs filed a suit seeking declaration and injunction regarding land said to be comprised in Khasra No.1135, which according to the plaintiffs was being used by them for the purpose of cremation and there were also temple & samadhies on the said land.

3. Based on the averments contained in the plaint, it was submitted that the said land was sought to be trespassed by the petitioners and, therefore, they be restrained from occupying the said land and from stopping the plaintiffs form using the land as cremation place and not to demolish the temple etc.

4. An application under Order 7, Rule 11 CPC was filed by the petitioners, inter alia, with the averments that the land in question was an agriculture land and, therefore, the suit was barred under Section 207 of the Rajasthan Tenancy Act, 1955. It was further claimed that the suit has be