WINCOST KURIES PRIVATE LIMITED vs SAJEEVAN - 2026 Supreme(Online)(Ker) 14116

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2026 Supreme(Online)(Ker) 14116

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
WINCOST KURIES PRIVATE LIMITED – Appellant
Versus
SAJEEVAN – Respondent
OP(C) NO. 658 OF 2026

Important Points

In commercial suits, the non-submission of original documents and Statement of Truth at the time of filing cannot be rectified by later production.

Subject

Civil - Commercial Disputes

Act Referred

Code of Civil Procedure: O.XI

Headnote

The petitioner challenged the lower court's order rejecting additional documents in a commercial suit, citing amendments in Order XI of the Code of Civil Procedure which require all original documents to be submitted with the suit and Statement of Truth. The court upheld the lower court's decision, ruling that non-disclosure of vital aspects is not permissible. The original petition was dismissed.

Table of Content
1. challenge to lower court's rejection of additional documents (Para 1)
2. upholding the non-disclosure policy in commercial suits (Para 2)

J U D G M E N T

The petitioner has challenged an order whereby the Court below has rejected permission to produce additional documents. The suit is a commercial suit. After the amendment of Order XI of the Code of Civil Procedure for Commercial Disputes, all original documents are to be produced along with the suit, along with a Statement of Truth. This was not done.

The documents were sought to be produced later.

2. The court held that, in commercial suits, this cannot be permitted since there is non-disclosure of all vital aspects regarding the suit, at the stage of filing the suit. There is no legal infirmity in the order.

Original petition fails and is dismissed.

Sd/-