Can you ask for filling additional documents at stage of framing of Issues by the Court in a commercial suit?

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Shubham Budhiraja[1]

 

A filed commercial suit for seeking permanent Injunction, rendition of accounts, etc. against B for trademark Infringement, B filed its WS, and both the parties filed their admission denial and joint schedule of documents, Issues yet to be framed. B filed I.A under Order XI Rule 1seeking leave to place additional documents on record on the ground that (I) such documents were not in power and possession and are discovered recently, (II) the term ‘pertaining to the suit’ means pertaining to the disputes between the parties and not ‘relevance’ from the perspective of the Evidence Act, which applies after issues are framed and in fact, even after issues are framed, grounds of admissibility and relevancy are merely recorded and taken up only at the stage of final arguments. Hon’ble Delhi High Court held that requirement of establishing the reasonable cause for non-disclosure of the documents shall not be applicable if it is averred that the documents were found subsequently and were not in the power, possession and custody and the rigour of establishing the reasonable cause in non-disclosure will not arise in a case where the additional documents sought to be produced/relied upon are discovered subsequent to the filing. It further held that relevancy and admissibility of the document is a matter of trial and at this stage the right of the Defendants to bring the document on record and rely on its contents cannot be foreclosed.[2]


[1] Advocate, Delhi High Court [LLB, ACS, BCOM(H)], Budhirajalawchambers@gmail.com,  +011-45059142

[2] CS(COMM) 292/2019, PHONEPE PRIVATE LIMITED v. EZY SERVICES & ANR., 29/08/2022

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