O R D E R

I.A. 520/2026

1. The present application has been filed on behalf of the plaintiff under Order XXIII Rule 1(3), read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking withdrawal of the suit.

2. Learned counsel appearing for the plaintiff submits that the captioned suit has been filed by the plaintiff seeking recovery of money and damages.

3. It is further submitted that the present suit is at an initial stage and the summons in the suit are yet to be issued to the defendant, though, defendant has been duly represented on advance service.

4. Learned counsel appearing for the plaintiff submits that the transactions in question in the present civil suit pertain to two Agreements to Sell dated 25th July, 2020 and 01st September, 2020 with regard to industrial plots, which by their very nature and usage, fall within the ambit of commercial transactions. Thus, the present suit has been inadvertently and due to oversight instituted as an ordinary civil suit, though the subject matter squarely falls within