SUDHIR KUMAR @ S. BALIYAN versus VINAY KUMAR G.B.

SUDHIR KUMAR @ S. BALIYAN versus VINAY KUMAR G.B.

Order XI Rule 1 (as amended for commercial suits) applies, not Order VII Rule 14(3); invoices that were not in the plaintiff's possession at the time of filing and were produced within thirty days could be permitted, but other documents that were in the plaintiff's possession and not disclosed on the ground of being voluminous did not constitute reasonable cause for non-disclosure and leave to produce them was rightly refused.

Parties
Appellant Original Plaintiff: Sudhir Kumar @ S. Baliyan; Respondent Original Defendant: Vinay Kumar G.B.
Jurisdiction
India
Judgment Date
15 September 2021
Procedural Posture
Civil Appeal / On Appeal From the High Court of Delhi
Outcome
appeal partly allowed
Legal Topics
Order XI Rule 1 (disclosure of Documents), Order VII Rule 14(3), Leave to File Additional Documents, Interim Injunction, Reasonable Cause for Non Disclosure
Civil Procedure Intellectual Property Commercial Courts Order XI Rule 1 (disclosure of Documents) Order VII Rule 14(3) Leave to File Additional Documents Interim Injunction Reasonable Cause for Non Disclosure

Case Brief

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Parties

Sudhir Kumar @ S. Baliyan

Appellant Original Plaintiff

Vinay Kumar G.B.

Respondent Original Defendant

Procedural Posture

Civil Appeal / On Appeal From the High Court of Delhi

Legal Issues

  1. 1 Whether Order VII Rule 14(3) of the CPC applied to commercial suits or Order XI Rule 1 as amended applied
  2. 2 Whether the plaintiff should be granted leave to file additional documents (invoices and other voluminous documents)
  3. 3 Whether non-production on the ground of documents being voluminous constitutes reasonable cause for non-disclosure under Order XI Rule 1(5)

Ratio Decidendi

Order XI Rule 1 (as amended for commercial suits) applies, not Order VII Rule 14(3); invoices that were not in the plaintiff's possession at the time of filing and were produced within thirty days could be permitted, but other documents that were in the plaintiff's possession and not disclosed on the ground of being voluminous did not constitute reasonable cause for non-disclosure and leave to produce them was rightly refused.

Court Disposition

appeal partly allowed

Orders

  • Impugned High Court order dated 06.04.2021 and Commercial Court order dated 13.11.2019 are quashed and set aside to the extent they refused leave to produce the invoices mentioned in the application dated 13.09.2019
  • Leave is granted to the appellant to produce and rely on the invoices specified in the application as additional documents