J.P.REALITIES Vs. MAHESH CHANDRABHAN KINGRANI

JUDGEMENT

(1.) Both the revision applications filed under Sec. 115 of the Code of Civil Procedure (for short, 'CPC') under consideration are between the same parties arising out of two different suits but on the same set of facts and involve common issue and common contentions, hence the same were heard analogously. I proposed to dispose of both the applications by this common judgment and order.

(2.) The non-applicant nos.1 and 2, are plaintiffs in Special Civil Suit Nos.248 of 2023 and 1235/2022 filed before the Civil Judge Senior Division, Nagpur. The applicants and the non- applicant nos.3 and 4 herein are arrayed as defendants to the suits. The applicants on being notified in both the suits appeared and filed applications at Exhibits 34 and 10 in Special Civil Suit Nos.248 of 2023 and 1235 of 2022, respectively under Order VII Rule 11 for rejection of the plaints on the premise that the disputes involved in both the suits are commercial disputes within the meaning of Sec. 2(1)(c)(vii) of the Commercial Courts Act, 2015 (for short, 'Act of 2015'). The non-applicant nos.1 and 2 opposed and resisted the applications in both the suits and claimed that the dispute between the applicants and the non- applicants is not a commercial dispute within the meaning of Act of 2015. The learned Judge on consideration through impugned orders rejected both the applications Exhibits 34 and 10 in Special Civil Suit Nos.248 of 2023 and 1235 of 2022, respectively by two separate orders dtd. 3/7/2023 and 11/1/2023. Feeling aggrieved with the orders impugned, the applicants have approached this Court under revisional jurisdiction.

(3.) At the outset it is to be mentioned that essentially, the applications of the applicants appear to have been filed relying on Order VII Rule 11 (d) of CPC which mandates that if the suit appears to be barred by law from the averments made in the plaint, the plaint shall be rejected. Thus, for exercising power under Order VII Rule 11 (d) of CPC the suit must be barred by express or implied provisions of law. The applications have been filed for rejection of the plaints on the premise that the disputes between the parties in both the suits are commercial disputes and triable by the Commercial Court established under the Act of 2015. The cognizance of the suits by the Civil Court is barred.