Can you tender a document at stage of evidence before local commissioner when such document was denied to taken on record by commercial court under Order XI CPC?
A (on behalf of her mother) filed a suit against B for recovery of money. During the trial, A filed an application under Order XI to bring on record a transcript of phone recording. Commercial Court dismissed the application. At stage of recording the evidence before local commissioner, A tendered transcript. B filed writ under article 227 challenging the recording of transcript. Hon’ble Delhi High Court held as under: [1] (i) The plaintiff through her AR sought to bring the said audio recording on record by filing an application under Order XI Rule 1 CPC, however, the Commercial Court after considering the facts and the applicable law, by its order dated 25.03.2023 categorically dismissed the said application and denied permission to place the audio recording and transcript on record. (ii) The order dated 25.03.2023 though interlocutory in nature has attained finality in the suit proceedings. The plaintiff cannot overreach the said ord