JUDGMENT :

MADAN GOPAL VYAS, J.

1. The present civil revision petition under Section 115 of the CPC has been preferred by the petitioners against the order dated 02.03.2012 passed by the learned District Judge, Jodhpur Metropolitan (hereinafter referred to as the 'learned trial Court') in Civil Misc. Suit No. 05/2010, whereby the learned trial Court rejected the application preferred by the petitioners under Order 7 Rule 11 read with Section 151 of the CPC.

2. The facts in brief are that the plaintiff - Jodhpur Medical Research Centre Public Trust, Jodhpur, through trustee Dr. S.D. Khetani had preferred a suit invoking the provisions of Section 38 and 41 of the Rajasthan Public Trust Act, 1959 (hereinafter referred to as the 'Act of 1959') before the learned District Judge, Jodhpur in pursuance of order dated 11.12.2009 passed by the learned Assistant Commissioner, Devasthan Department, Jodhpur (hereinafter referred to as 'the learned Assistant Commissioner'). The said suit was preferred seeking appointment of other trustees in accordance with the trust deed. The suit was amended on 11.05.2011. In the suit, it was stated that the learned Assistant Commissioner vide order dated 11.12.2