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4. Upon hearing the counsel for the rival parties and on perusal of record it is seen that though the Hon’ble Supreme Court in case of Sugandhi Vs. P. Rajkumar, (2020) 10 SCC 706 has held that production of documents by defendant after filing of written statement should be liberally permitted by the Court because procedural and technical hurdles should not be allowed to come in way of the Court to do substantial justice but at the same time it should be ensured that procedural violation does not cause serious prejudice to the adversary party. In other words, it has been held by the Hon’ble Supreme Court that discretion conferred upon the Court is to be exercised judiciously to do substantial justice rather than rely upon technical and procedural violations.

5. In the present case the defendant has claimed to have alternative accommodation for commercial purposes as he claims to have taken some different premises for commercial purposes. In his deposition before the trial Court, the defendant himself has contended that his firm is having 50 to 60 employees and he has a commercial space in some other premises at 15 Civil Lines. He has been cross-examined by the plaintiff in c