M.R. Shah, J.

1. By way of this petition under Article 226/227 of the Constitution of India, the petitioner herein – original plaintiff has prayed to quash and set aside the impugned order dated 15.09.2017 passed below Summons Court Judgment Exh.10 by the learned Judge, Commercial Court, Ahmedabad (hereinafter referred to as “learned Commercial Court”) in Commercial Civil Suit No.176/2016 by which the learned Commercial Court has ordered that the summons for judgment application be heard alongwith the suit and accordingly the suit stands converted into long cause suit.

2. The facts leading to the present Special Civil Application in nutshell are as under:

2.1 That the petitioner herein – original plaintiff instituted the Summary Suit No.1008/2014 against the respondent Company – original defendant before the City Civil Court, Ahmedabad claiming a decree for an amount of Rs.1,08,65,296.35 paise with interest. Subsequently, the said suit came to be transferred to the Commercial Court, Ahmedabad on establishment of the Commercial Court, Ahmedabad under the provisions of Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as “Commercial Courts Act, 2015”). The same was numbered as Commercial Civil Suit No.176/2016. That prior thereto the plaintiff submitted the application for summons for judgment on 07.07.2014. It appears that thereafter the defendant company appeared through its Advocate and filed an application for leave to defend on 20.08.2014. It is the case on behalf of the petitioner herein – original plaintiff that thereafter the defendant Company had remained absent and not cooperated with the proceedings and therefore, the plaintiff filed an affidavit to pass ex parte judgment and decree against the defendant Company. On the very same day i.e. on 29.08.2017, the learned Commercial Court passed an order that “matter be proceeded ex parte against the defendant”. It appears that thereafter the matter came to be adjourned time and again. It appears that thereafter under the bonafide belief that as the Court passed an order that “suit to be proceeded ex parte” the learned Advocate appearing on behalf of the plaintiff made an endorsement on the application for summons for judgment that “summons for judgment be heard alongwith the suit”. That thereafter considering the aforesaid endorsements the learned trial Court has passed the impugned order that “in view of the endorsement made by the learned Advocate for the plaintiff below the summons for judgment, the same is ordered to be heard alongwith the suit and accordingly, the present suit stands converted into long causes suit”. That thereafter the learned trial Court has framed the issues ex parte at Exh.41 on 16.02.2018.

2.2 Feeling aggrieved and dissatisfied with the impugned order dated 15.09.2017 passed below Exh.10 in Commercial Civil Suit No.176/2016 by which the learned Commercial Court has passed an order that the summons for judgment application be heard alongwith the suit and the suit stands converted into long causes suit, the original plaintiff has preferred the present Special Civil Application under Article 227 of the Constitution of India.

3. Shri Percy Kavina, learned Senior Advocate appearing on behalf of the original plaintiff has vehemently submitted that the impugned order passed by the learned Commercial Court below Exh.10 is contrary to the provisions of Order 37 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”).

3.1 It is further submitted by Shri Kavina, learned Counsel appearing on behalf of the petitioner that the impugned order passed by the learned Commercial Court ordering to hear the application for summons for judgment alongwith the suit and converting the suit into long causes suit is not sustainable under the law.

3.2 It is further submitted by Shri Kavina, learned Counsel appearing on behalf of the petitioner that as such considering Order 37 of the