JUDGMENT :

AMIT BANSAL, J.

I.A. 1464/2018 (O-XI R-5 of the CPC)

1. The present application has been filed on behalf of the plaintiff under Order XI Rule 5 of the Code of Civil Procedure, 1908 (CPC) as applicable to commercial suits under the Commercial Courts Act, 2015 for placing on record additional documents.

2. Reply has been filed on behalf of the defendants opposing the present application. Rejoinder thereto, has been filed on behalf of the plaintiff.

3. It is the case of the plaintiff that the aforesaid additional documents were filed by the plaintiff on 17th October, 2017 on the same date as the replication. Counsel for the plaintiff submits that the filing of the aforesaid documents was necessitated on account of the statement made on behalf of the defendants, as noted in the order dated 26th September, 2017, that the defendant no.1 was not in existence at the time of the filing of the present suit and some of the additional documents sought to be filed are to demonstrate that the defendant no.1 was in existence at the time of filing of the present suit.

4. Yet another justification given on behalf of the plaintiff for filing additional documents is to demonstrate the contrary s