Om Narayan Rai, J.:-

1. The instant appeal assails an order dated August 11, 2023 passed by the learned Judge, Commercial Court at Rajarhat in Title Suit No. 20 of 2021 (C.C) whereby an application for rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereafter “the Code”) filed by the defendant no. 41 (respondent no. 41 herein) has been allowed.

2. Since we are examining an order whereby an application for rejection of plaint has been allowed, the case run in the plaint only needs to be noticed together with the documents appended thereto. Briefly summed up the plaint case is as follows:

a. The defendant nos. 1 to 32 being in need of funds for the purpose of their business jointly approached the plaintiff for financial assistance to the tune of Rs.7,00,00,000/- (Rupees Seven Crore). The said defendants offered to secure repayment of the loan requested for by them by mortgaging their respective undivided shares in land measuring 394.77 decimals in Baranagar (hereafter “the suit property”).

b. It was specifically agreed between the plaintiff and the defendant nos. 1 to 32 that the said loan sought for by the said defendants would be utilized only for bu