1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 4.4.2008. S.B. CIVIL MISC. APPEAL NO.328/2007 Bhanwar Lal & Ors. Vs. Gopal Lal HON'BLE MR. JUSTICE DALIP SINGH Shri Mahendra Goyal, for the appellants. Shri S.C. Mittal, for the respondent. I have perused the impugned order and I find that there is no infirmity in the impugned order dated 31.10.2006 as it is admitted that so far as the plaint averments are concerned the same do not disclose that the land in question was agricultural land and in relation to which the suit should have been filed before the learned revenue court. Learned counsel for the appellant submitted that he may be permitted to raise the said plea regarding maintainability of the suit before the Civil Court in the written statement and on such a plea being raised which the learned trial court may be directed to frame necessary issue. So far as the above submission is concerned, admittedly the written statement has not been filed so far. In case such a plea is raised in the written statement, the learned trial court s expected to deal with the same in accordance with law. Subject to the above, this misc. appeal is dismissed summarily. (DALIP SINGH),J. Ramchandrkhatri,PS