BHOPAL FRACTURE HOSPITAL Vs. SAVITRI DEVI VIJAYWARGIYA

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally at motion stage.

(2.) The present civil revision has been filed under Sec. 115 of CPC against order dtd. 3/10/2023 passed in RCS No.286-A of 2022, by 7 th Civil Judge, Senior Division. Bhopal whereby, petitioners application under Sec. 7 Rule 11 CPC has been dismissed.

(3.) Learned counsel for the petitioners submits that learned trial Court has failed to appreciate the fact that the dispute between the parties is prima-facie a commercial dispute as defined under the Commercial Courts Act, 2015. Commercial dispute is defined under Sec. 2(1)(c) of Commercial Courts Act. (hereinafter referred as "Act"). From bare perusal of aforesaid provision, it is apparently clear that all the disputes arising out of an agreement for an immovable property used exclusively in trade or commerce is a commercial dispute. It is clear from Sec. 2(1)(c)(vii) of the Act. In the instant case, it is an admitted fact that as per lease dtd. 1/2/2013, respondent had given suit property on lease to the petitioners for running hospital and allied services. Respondent has valued the suit as Rs.23,25,780.00. and thus, subject matter of the dispute between the parties is also more than Rs.3,00,000.00as per Sec. 2(1)(i) read with Sec. 12 of the "Act". In this connection, learned counsel for the petitioners has also referred to Sec. 12(1)(a) of the "Act".