JUDGMENT :

This is an application seeking amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC), and it also raises issues pertaining to Order XI of the CPC, as applicable to commercial suits, in the light of the provisions of the Commercial Courts Act, 2015.

2. The plaintiffs have filed this suit for recovery of specific amounts from the defendant. The plaintiffs filed documents alongwith the plaint in support of their pleadings and as per the requirement of Order XI of the CPC, applicable to commercial Courts, they also filed a statement of truth in the form of declaration as per explanation to Order XI Rule 1(3) of the CPC. The said statement of truth specifically records that the plaintiffs examined all relevant documents and that all documents in power, possession, control or custody of the plaintiffs, pertaining to the facts and circumstances of the proceedings, were disclosed with copies thereof annexed to the plaint and that the plaintiffs did not have any other documents in their power, possession, control or custody.

3. During the pendency of the suit, the plaintiffs have moved the instant application under Order VI Rule 17 of the CPC, seeking