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2022 Supreme(Del) 1775

C. HARI SHANKAR
Md. Islamuddin – Appellant
Versus
S. S. Kapoor – Respondent


Advocates appeared:
Mr. Sanjeev Kumar & Mr. Ram Kamal Prasad, Advocates., for the Petitioner; Mr. Anupam Gupta, Advocate., for the Respondent

JUDGMENT

1. The order dated 26th September 2022, passed by the learned District Judge (Commercial Courts) in CS (Comm) 218/2021 (Md. Islamuddin v. S S Kapoor) under challenge in the present petition instituted under Article 227 of the Constitution of India, rejects an application of the petitioner under Order VII Rule 14 of the Code of Civil Procedure, 1908 ('CPC'), seeking to place certain documents on record in addition to those filed by the petitioner as the plaintiff. The documents were carbon copies of three invoices dated 9th June 2018, 27th July 2018 and 30th December 2018, and one hand written document dated 4th January 2018 allegedly executed by the respondent-defendant containing what, according to the petitioner, amounted to the admission of liability on the respondents' part.

2. The respondent challenged the veracity and genuineness of the said documents.

3. The plaint, in the suit instituted by the petitioner against the respondent was filed in January 2021 and documents were filed along with the plaint. Written statement was filed by the defendant, issues were framed and recording of evidence commenced. At the stage of cross-examination of DW-1 the petitioner moved the a

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