Till what stage additional documents can be filed in a commercial suit?

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Shubham Budhiraja[1]

 

A filed a commercial suit against B. B, in response filed the written statement and A filed the replication. The issues were framed and evidence affidavit was field. A, filed application under O XI CPC to place on record additional documents on the ground that they are in response to counter the B’s defence. Hon’ble Delhi High Court while rejecting the application held that:[2]

 

(i)             In a commercial suit, the plaintiff cannot be permitted to file additional documents at any stage of the suit on the ground that the same are in response to the case set up by the defendant in the written statement. Permitting a party to file additional documents at any stage would make a complete mockery of Order XI of the CPC as applicable to commercial suits.

 

(ii)           The whole object of the aforesaid provisions of the CPC pertaining to commercial suits would be defeated if a party is permitted to file additional documents at any stage of the suit.


[1] Advocate, Delhi High Court [LLB,ACS, BCOM(H)], Budhirajalawchambers@gmail.com , +91-9654055315

[2] Saregama v. Zee, Delhi High Court, 2023:DHC:2879

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