JUDGMENT :

N.V. Anjaria, J.

(1.) Whether the plaint of the Civil Suit instituted by the respondent- original plaintiff liable to be returned under Order VII Rule 10 of the Code of Civil Procedure, 1908 to be presented before the proper court, is the question arising for consideration. Does the suit between the parties involve a 'commercial dispute' within the meaning of Section 2 (1)(c) of the Commercial Court's Act, 2015 is the crux of the controversy.

1.1 It is in context of this question that the petitioner - original defendant has challenged order dated 12.1.2022 passed by learned Judge, Commercial Court, City Civil Court, Ahmedabad, below application Exhibit 27 in Commercial Civil Suit No.3269 of 2021, whereby the application of the petitioner under Order VII Rule 10, CPC came to be rejected.

(2.) Heard learned senior advocate Mr.Mehul Shah with learned advocate Mr.Harsh Gajjar and learned senior advocate Mr.Mihir Thakor assisted by learned advocate Mr.Abhisst Thaker for the respondent, at length.

(3.) In order to appreciate the issue, looking at the subject matter of the suit instituted by the respondent herein against the petitioner, the prayer was made for possession, declarat