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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Kanhaiya Lal Aswani – Appellant
Versus
Deepak Manohar Lal Chawala – Respondent
| Table of Content |
|---|
| 1. background of the case and parties involved. (Para 1) |
| 2. arguments for the petitioner regarding maintainability in commercial court. (Para 2 , 3 , 4) |
| 3. court's analysis on statutory rights and definitions. (Para 6 , 7 , 8 , 9) |
| 4. conclusion on applicability of commercial courts act. (Para 10 , 14) |
| 5. judicial perspective on commercial disputes and eviction rights. (Para 11 , 12 , 13) |
| 6. final order dismissing the revision application. (Para 15) |
ORDER :
The present Revision has been filed challenging the Order dated 17.06.2025 at the instance of the Tenant who is aggrieved by rejection of his application under Order 7 Rule 11 of the CPC whereby the Trial Court has rejected the objection of the Petitioner raised by the said application that the suit before the regular Civil Court is not maintainable and the same should be filed or transferred to the Commercial Court.
3. Learned counsel for the Petitioner/tenant has relied on judgment of High Court of Calcutta in C.S.No.3/2019 whereby the Calcutta High Court has returned the Plaint to the Plaintiff in a similar matter of eviction of Tenant from commercial property holding the suit to be maintainable only before the Commerc
An eviction suit under the M.P. Accommodation Control Act does not constitute a commercial dispute and is maintainable in Civil Court, not Commercial Court.
Revisional applications - Scope of assumption of jurisdiction by Commercial Court - No question of bar to revisions against interlocutory orders passed by Commercial Courts Act arises in present case....
The determination of whether premises qualify as a commercial dispute hinges on actual use, not merely the designation of the property as residential.
A dispute arising from an agreement to sell immovable property used for trade is a commercial dispute, mandating resolution in a Commercial Court, as clarified by statutory definitions.
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