ORDER :

Vivek Singh Thakur, J.

1. This suit has been filed by plaintiff for partition by metes and bounds and for separate possession of the suit property detailed in cause title of the plaint and also for mandatory injunction and permanent perpetual prohibitory injunction and declaration etc., as prayed in the prayer clause of the plaint.

2. Though this suit was filed by plaintiff as an ordinary Civil Suit, but at the time of registration, Registry has registered it as a Commercial Suit assigning number as COMS 44 of 2018.

3. Commercial dispute is to be adjudicated in a Commercial Suit and the commercial dispute has been defined in Section 2(c) of the

Commercial Courts Act, 2015, which reads as under:-

"(c) "commercial dispute" means a dispute arising out of-

(i) ordinary transactions of merchants, bankers, financiers and traders such as those relating to mercantile documents, including enforcement and interpretation of such documents;

(ii) export or import of merchandise or services;

(iii) issues relating to admiralty and maritime law;

(iv) transactions relating to aircraft, aircraft engines, aircraft equipment and helicopters, including sales, leasing and financing of the same;

(v) carriage of goods;

(vi) construction and infrastructure contracts, including tenders;

(vii) agreements relating to immovable property used exclusively in trade or commerce;

(viii) franchising agreements;

(ix) distribution and licensing agreements;

(x) management and consultancy agreements;

(xi) joint venture agreements;

(xii) shareholders agreements;

(xiii) subscription and investment agreements pertaining to the services industry including outsourcing services and financial services;

(xiv) mercantile agency and mercantile usage;

(xv) partnership agreements;

(xvi) technology development agreements;

(xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits;

(xviii) agreements for sale of goods or provision of services;

(xix) exploitation of oil and gas reserves or other natural resources including electromagnetic spectrum;

(xx) insurance and re-insurance;

(xxi) contracts of agency relating to any of the above; and

(xxii) such other commercial disputes as may be notified by the Central Government.

Explanation.--A commercial dispute shall not cease to be a commercial dispute merely because-

(a) it also involves action for recovery of immovable property or for realisation of monies out of immovable property given as security or involves any other relief pertaining to immovable property;

(b) one of the contracting parties is the State or any of its agencies or instrumentalities, or a private body carrying out public functions;"

4. Perusal of plaint, nature of dispute and relief sought in the suit, nowhere suggests that it is a Commercial Suit, as defined in Commercial Courts Act. Therefore, this suit was and is to be registered as ordinary Civil Suit under the provisions of Code of Civil Procedure as well as High Court of Himachal Pradesh (Original Side) Rules, 1997 and other law as applicable.

5. In the aforesaid circumstances, Registry is directed to register/re-register this suit by assigning number of Civil Suit to the plaint by converting it from Commercial Suit to ordinary Civil Suit. For the purpose of completion of record COMS No. 44 of 2018 shall be treated as disposed of, but actually converted into ordinary Civil Suit by re- registering the same. Date of filing of the Civil Suit shall remain as it is i.e. 24.12.2018.

6. In other cases also wrong registration of Civil suit, Commercial Suit and suit under Order 37 CPC has been noticed by this Court. It appears that staff of the Registry is required to be educated, instructed and trained with respect to difference of Civil Suit, Commercial Suit and suit filed under Order 37 CPC, so as to avoid such mistake in future. Therefore, Registrar (Judicial) is directed to issue necessary directions, inst