JUDGMENT

1. A Commercial Summary Suit under Order 37 Rule 2 of the Code of Civil Procedure was filed by Mrs. Mrs.Chandravilas Kailashkumar Kothari (respondent herein) seeking the following relief:-

"(a) The Defendants be ordered and decreed to pay to the Plaintiff a sum of Rs.35,00,000.00 as per particulars of claim Exhibit 'O' hereto together with interest at the rate of 18% p.a. and further interest from the date of filing of the present suit till payment and/or realization"

2. The plaintiff staked the claim on the basis that the amount is due and payable to her, from the defendant as the amount of Rs.35.00 lakhs was advanced as a friendly loan and on default in its repayment, it was sought back with interest.

3. In the said Commercial Suit, the petitioner (original defendant) filed Notice of Motion No.877 of 2021 requesting the Court to exercise the powers under Order 7 Rule 10, sub-Sec. (1) of the Code of Civil Procedure, to return the plaint to the plaintiff. The affidavit in support of Notice of Motion pleaded that the plaintiff in the plaint has admitted that the suit transaction is a friendly loan, of which the refund is sought and the defendant has filed written statement o