MANMEET PRITAM SINGH ARORA
Kavitra Exports Pvt. Ltd. Through Its Director Sh Aman Bansal – Appellant
Versus
Kaaya U K Ltd. Through Its Director Sh Purshottam Lal – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral):
CM APPL. 25678/2023 in CM (M) 821/2023(for exemption)
CM APPL. 25736/2023 in CM (M) 825/2023(for exemption)
CM APPL. 25769/2023 in CM (M) 826/2023(for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present applications stand disposed of.
CM (M) 821/2023
CM (M) 825/2023
CM (M) 826/2023
1. These petitions filed under Article 227 of the Constitution of India impugn a common order dated 23.01.2023 passed by the Additional District Judge- 02, Shahdara, Karkardooma District Courts, Delhi (`Trial Court') whereby the Petitioner's applications filed under Order VII Rule 14(3) of the Civil Procedure Code, 1908 (`CPC') for placing on record additional documents have been dismissed by the Trial Court.
1.1. The Petitioners herein has instituted three (3) separate suits for the recovery of money and have similarly instituted three (3) complaints under Section 138 of Negotiable Instrument Act, 1881 (`N.I Act') against the Respondent No. 1, company and other Respondents.
1.2. For the sake of convenience, the facts set out for CM (M) 821/2023 are being referred to. The Petitioner herein is the original plaintiff and the Respondents are t
The admissibility of additional documents and the allowance of such documents in civil suits and criminal proceedings.
The main legal point established in the judgment is the requirement for the plaintiff to establish reasonable cause for non-disclosure of documents and the court's role in determining the sufficiency....
The court's exercise of supervisory jurisdiction under Article 227 of the Constitution of India and the finding that the existence and relevance of the invoices were not in dispute, and the defendant....
The court emphasized a liberal interpretation of procedural rules allowing additional documents to be admitted if reasonable cause is shown, particularly in extraordinary situations like a pandemic.
The main legal point established is the admissibility of additional documents in replication under Order 11 Rule 1 (5) of the Code of Civil Procedure, and the court's discretion to set aside an order....
The main legal point established in the judgment is that evidence produced by the parties cannot be considered in the absence of pleading, and parties should not be permitted to travel beyond their p....
While exercising jurisdiction under Article 227 of the Constitution of India, the Court is not sitting as an appellate court over the orders passed by the subordinate courts.
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