CM(M) 548/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 13^th September, 2022

Pronounced on: 26^th September, 2022

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CM(M) 548/2022 and CM 26752/2022

ANITA CHHABRA & ORS.

..... Petitioners

Through:

Ms. Sagarika Wadhwa, Adv.

versus

SURENDER KUMAR

..... Respondent

Through:

Mr. Rohit Khurana, Adv.

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

JUDGMENT

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26.09.2022

1.

CS (Comm) 2718/2021 was instituted by the petitioner Anita

Chhabra, before the learned District Judge (Commercial Court) (“the

learned Commercial Court”) against the respondent Surender Kumar

for recovery of ₹ 66 lakhs along with interest, as a commercial suit

under the Code of Civil Procedure, 1908 (CPC) as amended by the

Commercial Courts Act, 2015. As required by Order XI Rule 1(1)¹ of

1 1.

Disclosure and discovery of documents. –

(1)

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, including:

(a)

Documents referred to and relied on by the plaintiff in the plaint;

(b)

Documents relating to any matter in question in the proceedings, in the power,

possession, control or custody of the plaintiff, as on the date of filing the plaint,

irrespective of whether the same is in support of or adverse to the plaintiffs case;

(c)

nothing in this rule shall apply to documents produced by plaintiffs and relevant

only –

(i)

for the cross-examination of the defendant's witnesses, or

(ii)

in answer to any case setup by the defendant subsequent to the filing

of the plaint, or

(iii)

handed over to a witness merely to refresh his memory.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003873

CM(M) 548/2022

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the CPC, as amended by the Commercial Courts Act, the petitioner

filed, alongwith the plaint, on 27^th July 2021, a list of the documents

on which the petitioner proposed to place reliance, along with copies

thereof.

2.

Summons were issued in CS (Comm) 2718/2021, the petitioners

filed an application under Order VII Rule 14 of the CPC on 8^th

September, 2021, seeking to place, on record, certain additional

documents which, according to the application, were a “necessary and

essential part of the suit”, but could not be filed with the plaint “due to

negligence on the part of the plaintiffs”. It was further averred, in the

application, that the documents were crucial to adjudicating the lis and

that no prejudice would be caused to the respondent if the documents

were permitted to be brought on record; whereas, the petitioners

would, else, be subjected to serious prejudice. As the suit was still at

the stage of issuance of summons, the application prayed that the

documents be permitted to be brought on record.

3.

I may note even at this juncture, that, an application by a

plaintiff, to place on record additional documents in a commercial suit,

is required to be filed under sub-rule (4)² (where the additional

documents are filed within 30 days of filing of the plaint) or (5)³

2(4)

In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of the

above declaration on oath and subject to grant of such leave by court, the plaintiff shall file such additional

documents in court, within thirty days of filing 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.

3(5)

The plaintiff shall not be allowed to rely on documents, which were in the plaintiff's power,

possession, control or custody and not disclosed along with plaint or within the extended period set out above,

save and except by leave of court and