Code of Civil Procedure, 1908–Sec. 10 r/w. Sec. 151–Application under–Rejection with the observation that the earlier suit for partition had nothing to do with the subject matter of the present suit–In the earlier suit, it was declared that the Trust is a Public Trust and the jurisdiction of Civil Court would be barred in terms of provisions of the Rajasthan Public Trust Act, 1959–Civil First Appeal preferred against the decree is pending and no interim order is operating in the first appeal–Therefore, the judgment passed by the Trial Court holds the field–Held, suit in question cannot be maintained before the Civil Court–Even if, no application regarding the maintainability of the suit before a Civil Court has been raised or no application under Order 7, Rule 11 has been preferred by the defendants before the Trial Court, this Court would be in the jurisdiction to dismiss the suit being barred in terms of law–Suit is hereby dismissed, however, the plaintiff is free to exercise his rights in terms of the provisions of Act of 1959.
