Whether a party can seek production of additional documents at a later stage in the commercial suit if he has not produced those documents along with plaint as documents were voluminous?

 Now, so far as the other documents sought to be relied

on/produced as additional documents other than the invoices

are concerned the same stands on different footing. It is not

disputed and in fact it was specifically admitted and so stated

in the application that those additional documents other than

the invoices were in their possession but not produced being

voluminous and that the suit was filed urgently. However, it is

to be noted that when the second suit was filed, it cannot be

said to be urgent filing of the suit for injunction, as the first suit

was filed in the month of October, 2018 and there was an exparte

ad interim injunction vide order dated 29.10.2018 and

thereafter plaintiff withdrew the said first suit on 27.07.2019

with liberty to file a fresh suit as per the Commercial Courts Act

and the second suit came to be filed on 31.08.2019 after period

of one month of the withdrawal of first suit. Therefore the case

on behalf of the plaintiff that when the second suit was filed, it

was urgently filed therefore, the additional documents sought to

be relied upon other than the invoices were not filed as the

same were voluminous cannot be accepted. And therefore as

such Order XI Rule 1 (4) shall not be applicable, though the

application was filed within thirty days of filing of the second

suit. While seeking leave of the court to rely on documents,

which were in his power, possession, control or custody and not

disclosed along with plaint or within the extended period set

out in Order XI Rule 1 (4), the plaintiff has to establish the

reasonable cause for non disclosure along with plaint.

8.5 In view of the facts and circumstances narrated hereinabove

and in view of the filing of the first suit in the month of October,

2018; the exparte ad interim injunction order in favour of the

plaintiff dated 29.10.2018; withdrawal of the first suit on

27.07.2019 and subsequently the filing of the second suit on

31.08.2019, non filing of the additional documents other than

the invoices on the ground of they being voluminous cannot be

said to be a reasonable cause for non disclosure/filing along

with plaint. There was sufficient time gap between the filing of

the first suit and filing of the second suit i.e. approximately 10

months and therefore when the second suit was filed the

plaintiff was having sufficient time after filing of the first suit, to

file the additional documents other than the invoices at the

time when the second suit was filed. Therefore as such, both

the courts below have rightly not permitted the plaintiff to rely

upon the documents, other than the invoices as additional

documents in exercise of the powers under Order XI Rule 1 (4)

read with Order XI Rule 1 (5).

 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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