The Court held that Order VII Rule 14(3) of the CPC is inapplicable to commercial suits due to Order XI Rule 7 of CPC as amended by the Commercial Courts Act, 2015, and dismissed the application to file additional documents.
Dismissed; liberty reserved to file proper application.
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1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
A.No.3266 of 2021 in C.S.No.888 of 2006
M/S.KAS ZAINULABDIN AND COMPANY, A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER NO.88, ANGAPPAN STREET, CHENNAI-600 001 ..APPLICANT/PLAINTIFF
..APPLICANT/PLAINTIFF
-VS-
M/S.KAS BUKHARI AND COMPANY REPRESENTED BY ITS PARTNER K.MOHIDEEN ABDUL KADER NO.191(93), ANGAPPAN STREET, CHENNAI-600 001
..RESPONDENT/DEFENDANT
Application praying that this Hon'ble Court be pleased to:
permit the applicant/plaintiff hereunder to file the following
documents in the instant suit;
| Date | Particulars | Nature of document |
|---|---|---|
| 10/09/12 | Chartered Accountant Certificate | Original |
| ---- | Bills raised By Akhar-E Mashriq | Original |
| 20.04.2001 to | Details of Bills raised by Ragul Process | Original |
| 12.09.2012 | for labelprintingcharges of the Plaintiff |
2
This Application coming on this day before this Court for hearing, the
Court made the following order:
This application has been filed under Order VII Rule 14(3) of C.P.C., which is made inapplicable to a commercial suit in terms of Order XI Rule 7 of C.P.C., as amended by the Commercial Courts Act, 2015. Hence, this application is dismissed.
2.Liberty is reserved to the applicant to file a proper application under the correct provision of law.
Sd./-RSMJ 16/09/2021
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
JJ 22/09/2021
2 issues framed by the court
Whether Order VII Rule 14(3) of CPC is applicable to a commercial suit.
Whether the applicant is permitted to file additional documents in the suit under Order VII Rule 14(3) CPC.
3 provisions across 2 enactments
M.S.Kas Zainulabdin And Company
M.S.Kas Bukhari And Company
R.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
