Jhaveri, J.

By way of this appeal, the appellants have challenged the judgment and order dated 28.04.2000 passed by the learned Single Judge whereby the learned Single Judge has dismissed as withdrawn the first appeal filed by the original plaintiff and rejected the application under Order 22, Rule 10 read with Rule 11 CPC which was filed by the present appellants.

2. The facts of the case, according to the appellants, are as under:

2.1. There is temple of Mahadev Ji at Janta Colony, Jaipur. It was Gaddi of Sawai Pav Maharaj. The erstwhile State of Rajasthan allotted 11 Bighas and 19 Biswa land situated around the temple for temple & Bagichi, in the year Samvat 1935 (equivalent to 1878). After Sawai Pav, Bhagwati Pav became holder of the Gaddi. Bhagwati Pav was controlling two temples, one at village Niwai (Tonk) and another temple of Mahadev Ji at Sawai Pav ki Bagichi, Janta Colony, outside Ghaat Gate, Jaipur.

2.2. He was having two Chelas; one of them was male Samudri Pav who was looking after the temple of Mahadev Ji and its property at Sawai pav ki Bagichi, Janta Colony, Jaipur. Both Samudri Pav and Manji Moti Nath executed a gift deed on 25.07.1914 in favour of Cheli Man