Procedural violations do not impede justice if they do not cause prejudice, allowing for additional documents under specific circumstances.

1. This Miscellaneous Petition under Art.227 of the Constitution of India has been filed by petitioner - defendant against order dated 7th of February, 2024 as well as subsequent order dated 21-10-2024 passed by Sixth Civil Judge, Class - I, Gwalior (in short '' the Commercial Court'') in COM No.04 of 2020 (arising out of original Regular Civil Suit No.4 - B of 2015) whereby application filed by respondent - plaintiff under S.151 of CPC (IA No.01 of 2023, dated 21-02 - 2023) for taking documents (three bills) on record, which could not be exhibited at the time of filing of plaint, has been allowed as well as subsequent application filed by plaintiff under O.7, R.14 of CPC seeking production of bills and paper publications has been allowed.

2. Necessary facts for disposal of present petition, in short, are respondent - plaintiff (Firm) filed a civil suit before the Civil Judge, Class - I, Gwalior on 28 of August, 2015, seeking recovery of money of Rs.55,33,021/- along - with interest and cost of litigation, pleading therein that respondent is an Advertising Agency, through which petitioner - defendant had got certain advertisements published in Newspapers and he did not make payment of entire amount due to the plaintiff as charges in regard to advertisements.

In reply, defendant filed his WS and denied plaint averments. It was pleaded that he had paid entire amount due and plaintiff had forged the Bills for advertisements which were not even published in newspapers. An application under O.11, R.12 of CPC was filed by him on 05-02-2016 and the same was allowed by the Civil Court vide order dated 08-03-2016, with a direction to plaintiff to file an affidavit.
In pursuance thereof, plaintiff submitted an affidavit in the shape of application under O.11, R.13 of CPC. In counter, defendant filed an application under O.11, R.21 read with S.151 of CPC on 11-02-2020 seeking dismissal of suit. Plaintiff filed its affidavit under O.11, R.12 of CPC on 19-02-2020.

Vide order dated 19-10-2020, the instant suit filed on behalf of plaintiff was transferred by the Civil Court to the Commercial Court in exercise of powers vested under S.15 of Commercial Courts Act, 2015 , whereby the instant transferred suit was subsequently renumbered as COMM No.04 of 2020. Plaintiff filed an application on 21-02-2023 under S.151 of CPC before the Commercial Court, seeking permission to get the bills exhibited in evidence, pleading that bills pertaining to the advertisements published in newspapers between 15th of March, 2014 and 17th of September, 2014 could not be produced on account of bona fide mistake and the bill dated 31-01-2014 could not be placed by it on record at the time of filing of plaint.

In reply, on 16th of June, 2023 defendant filed his reply to the application filed by plaintiff under S.151 of CPC, inter alia alleging that the copies of forged bills were sought to be brought on record by plaintiff in order to harass him and the application is not supported by any affidavit, therefore, the same deserves to be rejected.

The Commercial Court allowed application of plaintiff under S.151 of CPC vide order dated 7th of February, 2024. Therefore, defendant is before this Court.

3. It is contended on behalf of petitioner - defendant that it was necessary for plaintiff to produce all documents on which plaintiff relied in plaint averements within thirty days from the date on which, the instant civil suit was transferred to Commercial Court. The Commercial Court has exce