M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned order passed by the learned Judge, Commercial Court, City Civil Court, Ahmedabad passed below Exh.20 in Commercial Civil Suit No. 239 of 2016, by which, the learned Judge has partly allowed the said application Exh.20 preferred by the original defendant and in exercise of powers under Order VII Rule 10 of the Code of Civil Procedure has returned the plaint to the original plaintiff to present it before the appropriate Court having jurisdiction to try and entertain the same, original plaintiff has preferred present Appeal From Order.

2. The facts leading to the present Appeal From Order in nutshell are as under:

3. That the appellant herein - original plaintiff (hereinafter referred to as the “original plaintiff”) has instituted Commercial Civil Suit No. 239 of 2016 in the Commercial Court at Ahmedabad for possession, permanent injunction, mesne profit and other reliefs as prayed for in the suit. That the original plaintiff prayed the following reliefs:

“(a) The Hon'ble Court be pleased to pass a decree that the defendant to hand over possession of the flats described in the schedule to the Indenture of sub-