JUDGMENT :

N.V.ANJARIA, J.

Heard learned advocate Mr.P.J. Kanabar for the petitioner and learned Senior advocate Mr.Dhaval Dave with by learned advocate Mr.Udit Vyas for the respondents.

2. In the present Special Civil Application filed by the petitioner-original defendant, what is called in question is order dated 04th May, 2019 below Exh.26 in Commercial Special Civil Suit NO.132 of 2016 passed by learned Judge, Commercial Court, Rajkot. Thereby application of the petitioner defendant seeking rejection of the plaint under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 came to be dismissed.

3. Respondents herein instituted Special Civil Suit No.132 of 2016 against the petitioner-defendant for recovery of damages to the tune of Rs.06,84,19,350/-. It was pleaded in the plaint that plaintiff No.1 was a registered partnership firm whereas plaintiff Nos.2 and 3 were the partners. The plaintiffs owned four godowns at Village Dharampur, Taluka Ranavav, Probandar, details of which in terms of their size and measurement were stated in paragraph No.3 of the plaint. It was averred that since 23rd December, 2013 defendant had taken on rent the said four godowns for the purpose of stori