Petitioners must comply with strict document disclosure rules under the CPC, failing which late submissions may be barred without demonstrated reasonable cause.

THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HONOURABLE JUSTICE GADI PRAVEEN KUMAR CIVIL REVISION PETITION NO.3606 OF 2025 Mr.Kondadi Ajay Kumar, learned counsel appearing for the petitioner.

ORDER: (Per The Hon’ble Justice Moushumi Bhattacharya)

1. The Civil Revision Petition (CRP) arises out of an order dated 02.09.2025 passed in I.A.No.270 of 2025 in COS.No.13 of 2022 by the Special Judge for Trial and Disposal of Commercial Disputes, Ranga Reddy District at LB Nagar (‘Commercial Court’).

2. We have heard counsel appearing for the petitioner who is the plaintiff in COS.No.13 of 2022 filed for recovery of money from the respondents/defendants.

3. The petitioner/plaintiff is aggrieved by the impugned order dated 02.09.2025 whereby the learned Commercial Court dismissed the petitioner’s I.A. filed for receiving additional documents under Order XI Rule 1(5) read with section 151 of The Code of Civil Procedure, 1908 , (‘CPC’) as amended by The Commercial Courts Act, 2015 (‘the 2015 Act’).

4. The prayer in I.A.No.270 of 2025 was for the Court to receive the listed documents in the Suit and mark the same as Exhibits in favour of the plaintiff/petitioner. Admittedly, the I.A. was filed after conclusion of the recording of evidence of PW.1 in the Suit.

5. The learned Commercial Court dismissed the I.A. on the ground that once the pleadings have been completed and the Trial of the case has commenced, the petitioner/plaintiff could not be permitted to file the documents as per its convenience in a piecemeal manner in derogation of Order XI Rule 1 (5) of the CPC. The learned Commercial Court was also of the view that the petitioner/plaintiff had failed to demonstrate any reasonable cause for not filing the said documents at the time of filing of the Suit or before the commencement of Trial and for not even making any reference to the documents in the pleadings and not explaining their relevant to the Suit; thereby failing to satisfy the Court for the exercise of its discretion to grant leave for producing the additional documents and to take the same on record.

6. Order XI of the CPC, as amended by the 2015 Act deals with ‘Disclosure, Discovery and Inspection of Documents in Suits before the Commercial Division of a High Court or a Commercial Court’. Order XI Rule 1 specifically deals with the ‘disclosure and discovery of documents’ and mandates under sub-Rule (1) that the plaintiff shall file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the plaint. Order XI Rule 1(1) enumerates the documents which are to be mandatorily filed along with the plaint.

7. In case of urgent filings, Order XI Rule 1(4) of the CPC provides an additional window for the plaintiff to seek leave to rely on additional documents and subject to grant of such leave by the Court the plaintiff has to file such additional documents in Court within thirty days of filing of the Suit along with a declaration on oath that the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have any other documents in its power, possession, control or custody. Order XI Rule 1(5) of the CPC continues the mandate further and bars the plaintiff from relying on documents which were in the plaintiff’s power, possession, control or custody and were not disclosed along with the plaint or within the extended period as set out in Order XI Rule 1(4), save