ORDER :

1. By way of the present petition, the petitioner herein is aggrieved by the impugned order passed below Exh.57 dated 31.01.2023, which is duly produced at Annexure-A, passed by the 4th Additional Senior Civil Judge, Ahmedabad in Special Civil Suit No.350 of 2021, whereby, the application below Exh.57 filed by the petitioner – original defendant under Order-7 Rule-10 r/w. Section 151 of the Code of Civil Procedure, 1908 for return of the plaint and saving of inherent powers of the Court, the said application came to be dismissed on the ground that the trial Court has jurisdiction to entertain the Suit as it not being commercial suit.

2. Being aggrieved by the said order, the petitioner herein has approached this Court, seeking following reliefs:

“(A) The Hon’ble Court may be pleased to issue a writ of certiorari and / or any other writ, quashing and setting aside the impugned order below exh.57 dated 31/01/2023 at Annexure-A passed by the Learned 4th Additional Sr. Civil Judge, Ahmedabad (Rural) in Special Civil Suit No. 350 of 2021 and further Hon’ble Court may be pleased to allow the Application below Exh.57 Special Civil Suit No. 350 of 2021 in the interest of justice.

(B) P