Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 –Or.VII, r.14(3) and Or. XI, R.1 (as amended by the amendment in the Commercial Courts Act) – Filing of additional documents –The appellant-original plaintiff filed the commercial suit claiming a decree of permanent injunction against the defendant from using the Trade Mark of appellant – Appellant filed an application u/Or.VII, r.14(3) and sought to file additional documents – The said application was dismissed by the Commercial Court –The High Court confirmed the order by the Commercial Courts – On appeal, held: Or. XI, R.1 as amended by the amendment in the Commercial Courts Act, with respect to the suits before the commercial division and the Commercial Court, the provisions of Or.VII, R.14 (3) were not applicable – Therefore, as such the plaintiff applied the wrong provision seeking leave of the court to place on record the additional documents – Now, before the Supreme Court, the application submitted by the appellant was considered submitted u/Or. XI R.1(4) of the CPC as both the Commercial Court and the High Court had considered and applied Or.XI, R.1 –In the said application for additional documents, it was specifically mentioned that so far as the invoices are concerned, the same were not in its possession at the time of the filing of the plaint and so far as the other documents are concerned they were not filed due to they being voluminous – Therefore, so far as the invoices sought to be relied on/produced as additional documents ought to have been permitted – Insofar as, the non-filing of the additional documents other than the invoices on the ground of they being voluminous cannot be said to be a reasonable cause for non- disclosure/filing along with plaint – Both the courts below rightly not permitted the plaintiff to rely upon the documents, other than the invoices as additional documents in exercise of the powers u/Or. XI R.1 (4) r/w. Or. XI R. 1 (5). |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 484 |
Petitioner | Sudhir Kumar @ S. Baliyan |
Respondent | Vinay Kumar G.b. |
SCR | [2021] 7 S.C.R. 731 |
Judgement Date | 2021-09-15 |
Case Number | 5620 |
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