JUDGMENT : M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned order passed by the learned Commercial Court, Vadodara dated 20/12/2017 below Exh. 11 in Commercial Civil Suit No.45/2017 by which the learned Judge has allowed the said application preferred by the original defendant under Order VII Rule 10 of the Code of Civil Procedure and has returned the plaint to the original plaintiff to present it before the appropriate Court having jurisdiction, appellant herein - original plaintiff has preferred the present Appeal from Order. 2. It is the case on behalf of the appellant – original plaintiff that the application, Exh. 11 was filed before the learned Commercial Court, Vadodara on 16/12/2017 and copy of the same was not served upon the original plaintiff and /or learned advocate appearing on behalf of the original plaintiff. The proceedings before the learned Commercial Court was at the stage of filing the written statement. It is submitted that if the copy of the application, Exh.11 would have been served upon the original plaintiff and /or the learned advocate appearing on behalf of the original plaintiff would have known that on 20/12/2017 the learned Judge is going to consider the application, Exh.11 under Order VII Rule 10 of the Code of Civil Procedure, he would have remained present or made submission on the application under Order VII Rule 10 of the Code of Civil Procedure. However, as neither the application, Exh.11 was served upon the original plaintiff and /or the learned advocate appearing on behalf of the original plaintiff and no intimation was given to the original plaintiff that on 20/12/2017 that learned Commercial Court is to hear the application, Exh.11, the appellant herein – original plaintiff was not given an opportunity of being heard on the application, Exh.11. 3. In such a situation, the course, which was available to the original plaintiff was to approach the learned Judge, who passed the order below application, Exh.11 and point out what is submitted hereinabove and request the learned Judge to recall the order passed below Exh.11 and pass an appropriate order after giving an opportunity to the original plaintiff. 4. 3. In such a situation, the course, which was available to the original plaintiff was to approach the learned Judge, who passed the order below application, Exh.11 and point out what is submitted hereinabove and request the learned Judge to recall the order passed below Exh.11 and pass an appropriate order after giving an opportunity to the original plaintiff. 4. Shri Shah, learned advocate appearing on behalf of the appellant has stated at the Bar that in fact after the impugned order was passed, the learned advocate appearing on behalf of the original plaintiff has, as such, approached the learned Judge by tendering an application to recall the order, however, the learned Judge has refused to accept the same. If that be so, the application could have been filed in the Registry. Considering the aforesaid facts and circumstances of the case and without expressing anything on merits, more particularly, on the impugned order passed by the learned Judge, Commercial Court below Exh.11, we dispose of the present Appeal from Order by relegating the appellant – original plaintiff to submit an appropriate application before the learned Judge, Commercial Court, Vadodara to recall the order passed below Exh.11 pointing out what is stated hereinabove and as and when such an application is preferred the same be considered by the learned Judge in accordance with law and after giving an opportunity to all the concerned. 5. With this, present Appeal from Order stands disposed of at this stage. Civil Application No.1588/2018 In view of disposal of the Appeal from Order, no order in the Civil Application.