LOKESH MALLIKARJUNAPPA Vs. NSOFT INDIA SERVICES PVT LTD

JUDGEMENT

(1.) This petition by the 2nd defendant in Com.O.S.298/2021 is directed against the impugned order dtd. 14/3/2023 passed by the LXXXV Addl.City Civil and Sessions Judge, Bangalore (for short ' the Commercial court'), whereby the application filed by the petitioner under Order 11 Rules 1(10) and (5)(1) r/w Sec. 151 CPC for permission to produce documents was rejected by the Commercial court.

(2.) Heard learned counsel for the petitioner and learned counsel for 1st respondent and perused the material on record.

(3.) The material on record discloses that the respondent - plaintiff instituted the aforesaid suit against the petitioner - 2nd defendant and other defendants for recovery of money and other reliefs. The said suit is being contested by the petitioner, who filed his written statement along with the documents. Subsequently, at the stage of evidence, petitioner filed the instant application seeking permission to produce additional documents which were not filed along with the written statement inter alia contending that the same were misplaced and not in his custody or possession, as a result of which, petitioner could not produce the said documents earlier. The said application having been opposed by the respondent - plaintiff, the trial court proceeded to pass the impugned order, rejecting the application, aggrieved by which, the petitioner is before this Court by way of the present petition.