IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN, RAJESH SHANKAR
Rita Verma wife of Santosh Kumar Verma – Appellant
Versus
Chetan Adesera, son of Prafull Chhaganlal Adesera – Respondent
JUDGMENT :
Tarlok Singh Chauhan, C.J.
1. This petition under Article 227 of the Constitution of India has been filed by the defendant-petitioner for the following reliefs:-
(i) For issuance of an appropriate order for quashing/setting aside order dated 12.09.2025, (Annexure-5) in connection with Original Suit No. 04 of 2017, passed by Shri Anand Mani Tripathi, District Judge-III-cum-Presiding Officer, Commercial Court, East Singhbhum, Jamshedpur, wherein petition filed by Petitioner under Order VIII, Rule 1-A of Civil Procedure Code, 1908 for acceptance of additional documents, has been rejected on the alleged ground that Petitioner has failed to establish reasonable cause for non- disclosure of the documents at the time of filing of Written Statement and, as such, Petitioner cannot be granted leave to produce documents at belated stage.
(ii) For issuance of further appropriate order declaring that in terms of Order VIII, Rule 1-A of Civil Procedure Code, 1908, additional documents filed by Petitioner can be accepted at subsequent stage, as said additional documents are relevant and necessary for adjudication of the issues involved between the parties and, as such, additional documents
Production of additional documents – Laws of procedure are meant to regulate effectively, assist and aid object of doing substantial and real justice and not to foreclose adjudication on merits of su....
The second opportunity to produce documents under Order VIII Rule 1A(3) is for those who have produced documents with the written statement and have accountable reasons for not producing certain docu....
(1) After Order XI Rule 1 has been amended with respect to suits before commercial courts and a specific provision/procedure has been prescribed with respect to suits before commercial division and b....
The main legal point established in the judgment is the requirement for the plaintiff to disclose all documents in its power, possession, control or custody, pertaining to the Suit, along with the pl....
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.
The court emphasized the strict adherence to document filing rules in commercial disputes, denying late submission of documents without establishing reasonable cause for prior non-disclosure.
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