Wednesday 15 September 2021

Whether court can refuse to permit a party to produce a document on the ground that said document is suspicious?

 Even the reason given by the learned Commercial Court that

the invoices being suspicious and therefore not granting leave

to produce the said invoices cannot be accepted. At the stage of

granting leave to place on record additional documents the

court is not required to consider the genuineness of the

documents/additional documents, the stage at which

genuineness of the documents to be considered during the trial

and/or even at the stage of deciding the application under

Order XXXIX Rule 1 that too while considering prima facie case.

Therefore, the learned Commercial Court ought to have granted

leave to the plaintiff to rely on/produce the invoices as

mentioned in the application as additional documents.

 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5620 OF 2021


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

Dated: September 15, 2021

Author: M. R. Shah, J.

Read full judgment here: Click here

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