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?

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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 order by seeking to tender the disallowed document at the stage of recording of evidence before the Local Commissioner.

 

(iii)            This Court is unable to accept that the directions in Commercial Court’s order dated 02.09.2023 grant any liberty to the Respondent to introduce the disallowed documents at the stage of evidence. The said order of 02.09.2023 was procedural in nature and set out the rules for recording of the evidence and in no manner supersedes the Court’s earlier order dated 25.03.2023.

 

(iv)            Hence, it is directed that the said document be de-exhibited and taken off from the record.


[1] CM(M) 1823/2023, Delhi High Court

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