MANOJ GUPTA Vs. SHARMA ADVERTISING

JUDGEMENT

(1.) This Miscellaneous Petition under Article 227 of the Constitution of India has been filed by petitioner- defendant against order dated 7 th of February, 2024 as well as subsequent order dtd. 21/10/2024 passed by Sixth Civil Judge, Class- I, Gwalior (in short '' the Commercial Court'') in COM No.04 of 2020 (arising out of original Regular Civil Suit No.4-B of 2015) whereby application filed by respondent- plaintiff under Sec. 151 of CPC (IA No.01 of 2023, dated 21-02- 2023) for taking documents (three bills) on record, which could not be exhibited at the time of filing of plaint, has been allowed as well as subsequent application filed by plaintiff under Order 7 Rule 14 of CPC seeking production of bills and paper publications has been allowed.

(2.) Necessary facts for disposal of present petition, in short, are respondent- plaintiff (Firm) filed a civil suit before the Civil Judge, Class-I, Gwalior on 28 th of August, 2015, seeking recovery of money of Rs.55,33,021.00 along-with interest and cost of litigation, pleading therein that respondent is an Advertising Agency, through which petitioner- defendant had got certain advertisements published in Newspapers and he did not make payment of entire amount due to the plaintiff as charges in regard to advertisements.

(3.) It is contended on behalf of petitioner- defendant that it was necessary for plaintiff to produce all documents on which plaintiff relied in plaint averements within thirty days from the date on which, the instant civil suit was transferred to Commercial Court. The Commercial Court has exceeded its jurisdiction in allowing application of plaintiff under Sec. 151 of CPC, which was, in effect, an application under Order 7 Rule 14(3) of CPC and the same is prohibited in Commercial Suit as per provisions of Commercial Courts Act, 2015.