KEJRIWAL ENTERPRISES Vs. GENERAL MANAGER ORDINANCE FACTORY

JUDGEMENT

(1.) The plaintiff/petitioner being a registered partnership firm has filed the Commercial Suit No. 219 of 1993 in the City Civil Court at Calcutta praying for a decree for a sum of Rs. 88, 599, 90 ps. along with the interest thereon at the rate of 24% p.a. from the date of filing of the suit till full realization from the defendant/opposite parties namely the Ordinance Factory, Khanari, Jabbalpur and other authorities of the Central Government. Though the plaintiff/petitioner has filed the above suit as being the registered partnership firm but the Firm Registration Certificate in respect thereof was not filed while the plaint was presented. At the hearing of the suit, the plaintiff/petitioner made an application to adduce evidence as to the registration of its partnership business by recalling P.W. 1. The said application has been rejected by the impugned order.

(2.) The learned Trial Court is of the view that the Code of Civil Procedure, as amended which has come into force with effect from 1.7.2002 has not provided for production of evidence which has not been disclosed at the time of presentation of the plaint. In particular, the learned Trial Court has proceeded on the basis that since Order 18 Rule 17A of the Code has been omitted from the Code by Amendment Act 46 of 1999 having the effect from 1.7.2002, there is no scope for production of such evidence at the stage of trial which has not been disclosed at the time of presentation of the plaint as per the provisions of Order 7 Rule 14 of the Code.

(3.) Before amendment of the Code of Civil Procedure by Amendment Act 46 of 1999 which has taken effect from 1.7.2002, Rule 17A of Order 18 of the Code was inserted into the Code by Act 104 of 1976 with effect from 1.2.1977. The said Rule read as under: