JUDGMENT :

1. This appeal under Order XLIII Rule 1(a) CPC has been filed against the order dated 18/8/2018 passed by the Addl. District Judge No.1, Rajgarh Camp Churu, District Churu, whereby, the trial court has ordered for return of the plaint under Order VII Rule 10 CPC for being presented before the competent court.

2. The appellant-plaintiff filed a suit for declaratory injunction, permanent injunction and consequential relief of possession inter alia claiming that the suit property belonging to the plaintiff and formal defendants no. 8 to 17 is situated at Tara Nagar; chain of title since the issue of Patta in the year 1879 was indicated. It was contended that the State after coming into force of the Rajasthan Tenancy Act, 1955 recorded the land as un-cultivable 'Banjar' and 'Gochar', which was unathorized. On the said land, part of Delhi-Bikaner road was constructed and part of it was allotted to Government Sanskrit School and for construction of houses for nomads and Goswami Moksh. The boundaries of the remaining land were indicated. It was then alleged that the State by its order dated 7/6/2002 allotted 3 Bigha 4 Biswa land to the defendant no.6, which was mutated in its nam