Dinesh Mehta, J.

1. The present revision petition under Section 115 of the Code of Civil Procedure has been filed impugning the order dated 03.05.2017, passed by the learned Additional District Judge No. 6, Jodhpur Metropolitan, Jodhpur (hereinafter referred to as the 'trial Court'), vide which the petitioner's application under Order VII Rule 11 of the Code of Civil Procedure has been rejected.

2. The facts within the precincts of the question posed before this Court are that the plaintiff-Pushtikar Bhashmeshwar Mahadev Mandir Seva Sadan Trust and its trustees, the respondents herein, filed a suit for mandatory and permanent injunction and also for seeking possession of certain properties claiming them to be The Trust's properties.

3. The petitioner being defendant in the suit, filed an application dated 29.10.2015, under Order VII Rule 11 of the Code of Civil Procedure and prayed that the plaint deserved to be returned, being barred by law on the following three counts:

(i) The suit having been filed by the unregistered trust was not maintainable;

(ii) The suit was barred by limitation; and

(iii) appropriate Court fee has not been paid.

4. The trial Court rejected the petition