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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
llVeerender @ C.Beerender Singh – Appellant
Versus
Ektha.Com Private Limited, Rep. By Its Director M.Sreenivas Reddy – Respondent
ORDER :
B.R. MADHUSUDHAN RAO, J.
1. This Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the Order passed in IA.No.912 of 2022 in OS.No.1221 of 2014, dated 14.10.2022 by the I Additional District Judge, Ranga Reddy District at L.B.Nagar, where under the application filed by the respondent No.1-petitioner-plaintiff to grant leave to file additional documents, came to be allowed.
2. Petitioners are respondent Nos.2 to 6 and respondent No.1 is the petitioner and respondent No.2 is the respondent No.1 in IA.No.912 of 2022.
3.1. Respondent No.1-petitioner-plaintiff has filed IA.No.912 of 2022 under Order 7 Rule 14 (3) of CIVIL PROCEDURE CODE , 1908 (for short ‘CPC’) seeking leave of the learned trial Court to file additional documents i.e., (1) Memorandum and Articles of Association (2) Extract of the Resolution.
3.2. It is stated in the affidavit that the deponent is the Managing Director, an Authorised Signatory of the plaintiff’s Company and he filed the suit for specific performance of Agreement of Sale, dated 09.12.2011 against the respondents therein (petitioner Nos.2 to 6 and respondent No.2 herein). The application further states that the de
High Court's supervisory powers allow correction of procedural irregularities when substantive rights are at stake, emphasizing the need for additional documents to ensure a fair trial.
Point of Law : Petitioners want the Summons issued by the learned Trial Court to be quashed and set aside simply because in their view the Civil Suit is not maintainable and its filing is an abuse of....
The defendant's failure to plead reliance on documents in a written statement precludes their admissibility, highlighting the importance of adhering to procedural rules under the Civil Procedure Code....
Point of law : without there being a ratification by the Company, solely on the basis of Order XXIX Rule 1 of CPC, a suit can be instituted by a Director or any other principal officer of the Company....
The court established that procedural delays should not prevent the introduction of relevant evidence, prioritizing substantial justice.
The main legal point established in the judgment is that 'reasonable cause' for not filing additional documents cannot extend to negligence in filing of documents before the court, and that the docum....
Order XI Rule 1(4) and Order XI Rule 1(5) applicable to the commercial suit shall be applicable only with respect to the documents which were in plaintiff’s power, possession, control or custody and ....
Defendants' failure to show due diligence and timely filing of documents justifies dismissal of their applications under the Code of Civil Procedure and no grounds were shown for High Court intervent....
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