JUDGMENT

The petitioners have approached this Court challenging Ext.P4 order.

2. The petitioners are the defendants in C.S.No.27/2022 on the file of Commercial Court (Sub Court), Attingal, which was filed for recovery of money amounting to Rs.16,12,843/-, being the alleged balance payment due to the respondent from the petitioners towards construction of a building. The petitioners have filed Ext.P2 application as I.A.No.6/2024 for rejecting the suit under Order 7 Rule 11 of CPC contending that there is no cause of action for filing the present suit. The main contention raised by the petitioners is that a commercial suit will lie only if it is a transaction of merchants, bankers, financiers and traders such as those relating to mercantile documents including enforcement and interpretation of such documents of a specified value and the respondent herein, who is the plaintiff in the suit, has no such case. The respondent filed Ext.P3 objection to Ext.P2, filed as I.A. No.6 of 2024 seeking rejection of the plaint, wherein it is specifically contended that in para Nos. 2, 3 and 4 of the plaint it is stated that the contract between the plaintiff and defendants is pertaining to constructi