The court dismissed the applicant's plea to receive additional documents filed after the plaint was amended. The court held that no reasonable cause was shown for the delay and consequently the application was liable to be dismissed.
The application to receive additional documents was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.257 of 2020 in C.S..No.404 of 2019
A.No.257 of 2020 in C.S.No.404 of 2019
DR.G.JAYACHANDRAN,J.,
This application is filed by the plaintiff to receive additional
documents.
2. The suit was filed as commercial suit alleging infringement of copyright in the year 2019. The suit was taken on file and after completion of pleadings, the Court has fixed Case Management Schedule for examination of witnesses. Thereafter, this application is filed to receive additional documents stating that the plaint was amended and while amending the plaint by inadvertently, the additional documents which are relevant to this case has not been filed. Hence additional document is taken on file.
3. This was strongly opposed by the respondent/defendant on the ground that these two documents which are sought to be marked are subsequent to filing of the suit and after the Court fixed Case Management Schedule on 11.12.2019, relying upon the embargo of Order 11 Rule 1(3) of C.P.C., is amended as Commercial Courts Act.
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A.No.257 of 2020 in C.S..No.404 of 2019
4. The learned counsel for the respondent would submit that the
intention of the plaintiff is to drag on the proceedings without adhering to the time frame fixed under the Act. The documents which were not know and was
not in possession of the plaintiff at the time of filing of the suit alone can be entertained. Whereas, in the present application, the plaintiff has not made out a case for allowing the application to adduce the additional documents.
5. On perusing the affidavit filed along with the application except
by inadvertence, there is no reason stated by the applicant for not filing the documents along with the plaint. Having sworn the written statement of truth
under Order 11 Rule 1(3), the present application without any reasonable cause is liable to be dismissed.
6. Accordingly, the application is dismissed.
rpl
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A.No.257 of 2020 in C.S..No.404 of 2019
Dr.G.JAYACHANDRAN,J.
rpl
A.No.257 of 2020
in
C.S.No.404 of 2019
05.07.2021
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2 issues framed by the court
Whether an application to receive additional documents at a later stage, after the plaint amendment, is maintainable under the Commercial Courts Act.
Whether the plaintiff can claim inadvertence as a valid reason for not filing documents with the plaint when none is sworn in the affidavit.
2 provisions across 2 enactments
Plaintiff
Respondent/Defendant
Dr. G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
