MD. ISLAMUDDIN Vs. S. S. KAPOOR

JUDGEMENT

(1.) C. Hari Shankar, J 1. The order dtd. 26/9/2022, passed by the learned District Judge (Commercial Courts) in CS (Comm) 218/2021 (Md. Islamuddin v. S S Kapoor) under challenge in the present petition instituted under Article 227 of the Constitution of India, rejects an application of the petitioner under Order VII Rule 14 of the Code of Civil Procedure, 1908 ("CPC"), seeking to place certain documents on record in addition to those filed by the petitioner as the plaintiff. The documents were carbon copies of three invoices dtd. 9/6/2018, 27/7/2018 and 30/12/2018, and one hand written document dtd. 4/1/2018 allegedly executed by the respondent-defendant containing what, according to the petitioner, amounted to the admission of liability on the respondents' part.

(2.) The respondent challenged the veracity and genuineness of the said documents.

(3.) The plaint, in the suit instituted by the petitioner against the respondent was filed in January 2021 and documents were filed along with the plaint. Written statement was filed by the defendant, issues were framed and recording of evidence commenced. At the stage of cross-examination of DW-1 the petitioner moved the application under Order VII Rule 14 of the CPC in which the impugned order has come to be passed.