CAV JUDGMENT

(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV) 1 Heard learned advocates appearing for the respective parties. With consent of the learned advocates, the matter is taken up for final hearing today. Rule returnable forthwith. Mr.Alok Thakkar, learned advocate waives service of notice of rule on behalf of respondent

No.1 and Mr.Akash Chhaya, learned AGP, waives service of notice of rule on behalf of the respondent – State.

2 This petition under Article 227 of the Constitution of India is filed by the original defendant No.1, Agriculture Produce Market Committee, Siddhpur, Challenging the order dated 17.12.2022 passed by the learned Principal Senior Civil Judge, Gandhinagar. By the aforesaid order, the learned Judge of the Commercial Court, rejected the application Exh.12 filed by the petitioner under Order VII Rule 11(a) & (d) of the Code of Civil Procedure, 1908 . The respondent No.1 herein, namely, R.S.Corporation, was the original plaintiff in the Commercial Civil Suit No. 48 of 2021.

3 Facts in brief are as under:

3.1 The petitioner, APMC Siddhpur, in order to implement the General Order dated 27.03.2013 of the State Government to carry out various infrastructural devel