ORDER

% 19.03.2024

1. The present petition has been filed under Article 227 of the Constitution of India impugning the order dated 22.10.2018 passed by the Learned Additional District Judge -02, South District, Saket Courts, New Delhi (hereinafter as “Trial Court”) in Civil Suit bearing no. 6855/2016 titled as “M/s New Era Industries vs M/s KM Europa Metal AG” whereby the learned trial court allowed the application filed by the respondent under Order VII Rule 14(3) of Code of Civil Procedure, 1908 (hereinafter as “CPC”) read with Section 151 CPC for leading additional evidence regarding certificate under Section 65 of the Indian Evidence Act. The petitioner herein is the defendant in the captioned civil suit before the learned trial court.

2. The petitioner is a company based in Germany and is a manufacturer and supplier of Patina Copper Sheets used for cladding of sloping roofs, pergolas etc under the brand name of “TECU”.

3. The respondent is a registered partnership firm with its registered office at 51, First Floor, Adhchini, New Qutab Hotel, New Delhi, 110017 and is stated to be engaged in importing and marketing a few reputed international branded products related to the field of Architecture and Interior Design. The petitioner appointed the respondent company to be its representative in India for the purpose of marketing and promotion of goods manufactured by the petitioner under the brand name “TECU” and it was agreed by the parties to undertake business activities together, specifics of which are not pertinent for adjudication of the present case.

4. The facts necessary for the present matter are such that the respondent in 2009, filed the present civil suit before this court bearing no. CS(OS) 849/2009 seeking recovery of Rs. 36.38 lakhs against the petitioner in 2009, arising out of the business activities undertaken by them. Thereafter, the petitioner filed its written statement in the said suit. Subsequently, issues were framed and the matter was posted for plaintiff’s evidence.

5. Notably, the matter was transferred to the learned district court vide notification no. 77187/DHC/Orgl. dated 24.11.2015 and the parties were directed to appear before the learned trial court for further proceedings.

6. During the course of proceedings before the learned trial court, the respondent filed an application under Order VII Rule 14 seeking to place on record certain additional documents which was allowed by the learned trial court vide order dated 19.04.2016 subject to cost of Rs. 10,000 while noting the lack of diligence on the part on the respondent.

7. Thereafter, the respondent filed another application under Order VII Rule 14(3) CPC for placing on record an email dated 09.08.2005 along with a certificate under Section 65B of the Indian Evidence Act, furnished by PW-1, Mr. Aman Khanna with a further prayer to recall PW-1 to take on record his additional evidence. The aforesaid application was dismissed by the learned trial court vide order dated 17.08.2017 inter alia, holding that the said email finds no mention in the entire plaint as well as the same could not have been relied on by PW1 when the said email was already in possession and in knowledge of the respondent herein at the relevant time.

8. Subsequently, the aforesaid order was challenged before this court in C.R.P. No. 231 of 2017 titled as “New Era Industries vs KM Europa Metal AG”. This court vide order dated 01.05.2018 disposed of the aforesaid petition keeping in view the said email dated 09.08.2005 already stood admitted by the petitioner’s representatives and as such there was no need for strict proof of the document sought to be adduced.

9. Shortly thereafter, the respondent filed yet another application under Order 7 Rule 14(3) CPC seeking to place certificate under Section 65B of the Indian Evidence Act and for the PW1 to lead evidence in this regard.

The learned trial court vide impugned order dated 22.10.2018 allowed the application filed