M.R. Shah, J.—Feeling aggrieved and dissatisfied with the impugned order passed by the learned Judge, Commercial Court, Vadodara below Exh. 17 in Commercial Civil Suit No. 294/2016 by which in exercise of power under Order 7, Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) the learned Judge, Commercial Court has returned the plaint to the original plaintiff to present it before appropriate Court having jurisdiction, the original plaintiff has preferred the present Appeal From Order.

2. The facts leading to the present Appeal From Order in nut-shell are as under:

2.1 That the appellant herein - original plaintiff (hereinafter referred to as “original plaintiff”) instituted a Commercial Civil Suit No.294/2016 in the Court of learned Judge, Commercial Court, Vadodara (hereinafter referred to as “learned Commercial Court”) for specific performance of the contract and in the alternative for recovery of damages and for refund of part payment, declaration and permanent injunction.

2.2 It was the case on behalf of the original plaintiff that the State Government allotted the land in question and entered into an agreement with the respondent No.