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TUSHAR RAO GEDELA
Daman Preet Gujral – Appellant
Versus
Sharwen Kumar Khanna – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 9487/2023
1. Exemption allowed subject to all just exceptions.
2. Application stands disposed of.
CM(M) 1117/2021 & CM APPL. 9486/2023
3. The petitioner challenges the impugned order dated 10.11.2021 in CS (COMM) No. 1317/2019 tilted "SHARWEN KUMAR KHANNA Vs. DAMAN PREET GUJRAL" whereby the learned Trial Court has dismissed the application under order VIII Rule 1A CPC, 1908 along with an application under Order VI Rule 17 CPC, 1908 whereby the petitioner/defendant sought filing of new documents and consequent amendment to the written statement.
4. Learned counsel appearing for the petitioner submits that the specific stand of the petitioner before the learned Trial Court has been crystallized in the order dated 13.02.2022 which is placed on record along with CM APP No. 9486/2023 whereby while framing issues, the learned Trial Court had on the basis of pleadings directed, the petitioner/defendant to lead evidence in the first instance.
5. The concerned paragraph is extracted here under:
"Since the defendant is admitting the receipt of the amount of Rs.12 lakhs from the plaintiff f
The court emphasized the importance of providing sufficient opportunity to the petitioner/defendant to defend themselves and held that the refusal to take the documents on record by the Trial Court c....
The absence of sufficient explanation in the application under Order VIII Rule 1A of the CPC, 1908, and the lack of clarification or version of the petitioner/defendant in the written statement led t....
The court affirmed that documents not disclosed with the written statement in commercial cases cannot be admitted, but contradictory decisions on evidence closure were ruled unsustainable.
The court emphasized the importance of allowing additional documents at a belated stage if the delay is explained and does not cause prejudice to the opposing party.
Order XI Rule 1(7) of CPC, as applicable to commercial disputes, casts an obligation on defendant to file all documents in its power, possession, control or custody.
Matters of procedure should not hinder the dispensation of justice, and the relevance of documents for just and fair adjudication should be considered when deciding on applications to bring documents....
A litigant ought not to suffer due to a mistake by the defendant's counsel, and the court may allow the placement of additional documents at a belated stage of the proceedings if it deems fit.
Litigants should not suffer due to their counsel’s mistakes, allowing late evidence in exceptional circumstances while stressing the need for expedition in justice.
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