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MILIND RAMESH PHADKE
Trust International (M/s. ) – Appellant
Versus
Krishna Enterprises – Respondent
ORDER
1. The present petition, under Article 227 of the Constitution of India, has been filed by the petitioner against the order dated 22.8.2022 passed by Court of Commercial Court and Commercial Appellate Court, District Gwalior in Case No.98 of 2020; whereby, by invoking the provisions of Order 11 rule 21 of CPC, dissatisfied with the affidavits filed by petitioner/defendant No.3 in respect of production of the original copies of the document dated 20.11.2013 had struck out his right of defence.
FACTS
2. Short facts of the case are that plaintiff/respondent No.1 had filed a suit for declaration and permanent injunction against defendant No.2 to 4 as well as the present petitioner. The present petitioner/defendant No.3 had filed his written statement and had denied the averments in the plaint. Alongwith the plaint, respondent No.1/plaintiff had filed an application under Order 39 rule 1 & 2 CPC, but the same was not decided and during the pendency of the suit, defendant No.2/respondent No.2 had filed an application under Order 11 rule 14 of CPC wherein it was prayed that defendant No.3 be directed to produce the original copy of letter dated 20.11.2013 alongwith affidavit. Vide orde
Order XI Rule 1(c)(ii) of the CPC permits document production to counter claims made by defendants, allowing flexibility in commercial suits.
Procedural rules should not obstruct substantial justice; reasonable cause for non-disclosure of documents must be interpreted liberally to ensure fair adjudication.
Procedural violations should not impede justice, and courts must favor substantial justice over rigid adherence to rules, particularly when no prejudice to the opposing party has been demonstrated.
Trial court justified in striking out defence under Order XI Rule 21 CPC for willful non-compliance with unchallenged order to produce pleaded documents on oath.
Compliance with procedural rules under Order XI of the CPC is mandatory for plaintiffs in commercial suits; failure to justify late document submissions results in dismissal of related applications.
The stringent provisions of Order XI Rule 21 of the CPC should be applied only in extreme cases, where there is contumacy or a willful attempt to disregard the court's order.
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