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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
JSM Corporation Private Limited, Represented By Its Authorised Representative/Director Mr. Sanjay Mahtani – Appellant
Versus
Brunton Developers, Represented By Its Partner Mr. T.B. Venkatesh – Respondent
ORDER :
(M. NAGAPRASANNA, J.)
The petitioner/defendant in Commercial Original Suit No.835 of 2023 is at the doors of this Court calling in question an order dated 05-02-2025 passed by the LXXXII Additional City Civil & Sessions Judge, Bengaluru allowing I.A.No.III filed by the plaintiff seeking to produce documents under Order XI Rule 1(5) of the CPC.
2. Heard Sri Ajesh Kumar S, learned counsel appearing for the petitioner and Sri C.K. Nandakumar, learned senior counsel appearing for the respondents.
3. Facts, in brief, germane are as follows:-
The petitioner is the defendant and the respondents are plaintiffs 1 and 2. The plaintiffs institute a suit in Commercial O.S.No.835 of 2023 for eviction and delivery of vacant possession of the suit schedule property. The issue in the lis does not pertain to merit of the matter before the concerned Court. The defendant files its written statement on 06-11-2023 denying all the plaint averments without any counter claim. On 18-07-2024 issues are framed by the concerned Court. On 02-08-2024 the plaintiffs lead evidence of PW-1 and on 15-10-2024, PW-1 is fully cross-examined. At that stage, the plaintiffs file I.A.No.III invoking Order XI Rule 1 of
Order XI Rule 1(c)(ii) of the CPC permits document production to counter claims made by defendants, allowing flexibility in commercial suits.
In commercial litigation, negligence or inadvertence does not constitute 'reasonable cause' for late document disclosure; strict adherence to procedural timelines is mandatory under the Commercial Co....
The court emphasized strict adherence to procedural timelines in commercial disputes, concluding that introducing additional documents post-evidence closure undermines the intent of the Commercial Co....
Compliance with procedural rules under Order XI of the CPC is mandatory for plaintiffs in commercial suits; failure to justify late document submissions results in dismissal of related applications.
The court established that mere reference to documents in a written statement does not satisfy the requirement of 'reasonable cause' for late submission under the amended Civil Procedure Rules.
The inherent powers of the court allow the acceptance of documents essential for a case, even if procedural provisions are misquoted, prioritizing access to relevant evidence.
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