[2026:RJ-JP:1200] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1908/2024 Om Prakash Urf Kaluram Saini S/o Late Shri Nanuram Saini, Aged About 48 Years, R/o Ward No. 42, Reengus Road, Veer Hanuman Ji Ka Rasta, Chomu, District Jaipur. ---Plaintiff-Appellant Versus Prabhat S/o Shri Rugnath, R/o Ward No. 44, Reengus Road, Veer Hanuman Ji Ka Rasta, Sevji Wali Dhani, Chomu, District Jaipur At Present Ward No. 42, Reengus Road, Veer Hanuman Ji Ka Rasta, Chomu, District Jaipur. ---Defendant-Respondent For Appellant(s) : Mr. Amit Jindal For Respondent(s) : Mr. Mikhil Agarwal with Ms. Sampati Sharma HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 12/01/2026 1. The present writ petition has been filed challenging the order dated 15.02.2024 passed by the learned Additional District Judge, No.10, Jaipur Metropolitan-II, Headquarter Chomu, whereby, the application filed by the defendant-respondent under Order 7 Rule 11 CPC was allowed, and while exercising powers under Order 7 Rule 10 CPC, the plaint was returned for presentation before the Revenue Court. 2. Learned counsel for the appellant submits that although the property in dispute is recorded as agricultural land, it is being used for non-agricultural purposes. On this basis, he contends that the suit was maintainable before the learned Civil Court. [2026:RJ-JP:1200] (2 of 2) [CMA-1908/2024] 3. Per contra, learned counsel for the respondent supports the order dated 15.02.2024 and submits that even if the land is being utilized for non-agricultural purposes, the suit would not be maintainable before the Civil Court unless and until the land is converted for non-agricultural use or the rights of a khatedar are extinguished by exercising powers under Section 63 of the Rajasthan Tenancy Act, 1955. 4. Heard learned counsel for both the parties. 5. This Court finds that the land is recorded as agricultural land. There is neither any conversion order on record nor any evidence of payment of taxes to the Government authorities to treat the land as non-agricultural. Thus, there is no material available on record to establish that the land has been converted into non- agricultural land. That being so, this Court does not find any error warranting interference in the order dated 15.02.2024. 6. However, the appellant is at liberty to receive back the case file from the learned trial court and present the same before the appropriate forum, in accordance with law. 7. With the above observations, the present civil misc. appeal stands disposed of. 8. All pending application(s) also stand disposed of. 9. Record of the trial Court may be sent back immediately. (BIPIN GUPTA),J Sudha/52