ANITA CHHABRA Vs. SURENDER KUMAR

JUDGEMENT

(1.) CS (Comm) 2718/2021 was instituted by the petitioner Anita Chhabra, before the learned District Judge (Commercial Court) ("the learned Commercial Court") against the respondent Surender Kumar for recovery of ? 66 lakhs along with interest, as a commercial suit under the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act, 2015. As required by Order XI Rule 1(1)1 of 11. Disclosure and discovery of documents. -

(2.) Summons were issued in CS (Comm) 2718/2021, the petitioners filed an application under Order VII Rule 14 of the CPC on 8/9/2021, seeking to place, on record, certain additional documents which, according to the application, were a "necessary and essential part of the suit", but could not be filed with the plaint "due to negligence on the part of the plaintiffs". It was further averred, in the application, that the documents were crucial to adjudicating the lis and that no prejudice would be caused to the respondent if the documents were permitted to be brought on record; whereas, the petitioners would, else, be subjected to serious prejudice. As the suit was still at the stage of issuance of summons, the application prayed that the documents be permitted to be brought on record.

(3.) I may note even at this juncture, that, an application by a plaintiff, to place on record additional documents in a commercial suit, is required to be filed under sub-rule (4)2(where the additional documents are filed within 30 days of filing of the plaint) or (5) (4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of the above declaration on oath and subject to grant of such leave by court, the plaintiff shall file such additional documents in court, within thirty days of filing the suit, along with a declaration on oath that the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have any other documents, in its power, possession, control or custody.