JUDGMENT:

1. Rule. Rule made returnable forthwith. With consent of the Parties, Petition is taken up for final hearing.

2. This Petition under Article 227 of the Constitution of India takes exception to, the order dated 13th July, 2022, by which the learned Judge, City Civil Court, Greater Bombay refused leave, sought by the petitioners-defendants, to rely on the documents, which were not filed along with the Written Statement, in the Commercial Suit No.274 of 2019 instituted by the respondents.

3. Facts in brief are as under:

Respondents/Plaintiff instituted Commercial Suit No.274 of 2019 in the City Civil Court, Bombay, against the petitioners-defendants, to recover the sum of Rs.83,66,242/- together with interest @ 14% p.a. Suit was instituted, on 14th November, 2019. For the sake of brevity, hereinafter, petitioners and the respondents shall be referred as per their original nomenclature as defendants and plaintiffs respectively. It is plaintiffs case that since 1977, defendants/bank had sanctioned and granted working capital facility. It was renewed, over the years upon plaintiffs executing necessary security documents required for utilisation of facility. Plaintiffs’ case is that