JUDGMENT :

Soumen Sen, J.

The appellant is the plaintiff.

2. The appellant is aggrieved by an order dated 7th January, 2023 passed by the Judge, Commercial Court at Alipore in Money Suit 22 of 2021 in an application filed under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure.

3. The essential question arose before the determination of the learned Commercial Court was whether the dispute canvassed in the plaint is a “commercial dispute” within the meaning of Section 2(1)(c)(vii) of the Commercial Courts Act.

4. The learned trial Judge on consideration of the averments made in the original plaint held that the suit is non-commercial in nature and, accordingly, returned the suit to be filed before the court having jurisdiction to try as a non-commercial suit.

5. The plaintiff/appellant is aggrieved by this order.

6. Mr. Jishnu Chowdhury, the learned Counsel representing the appellant submits that the learned trial Judge has proceeded erroneously in accepting the representation made on behalf of the respondent that the property in question relates to ten residential