Allowed

Dhanavilas Madras Snuff Company v. Murugavilas Tirupur Snuff Company

Madras HC11 Apr 2022A/4524/2021

Case brief

AI extract

What is this about?

This order allows an application to admit supplementary sample sales invoices in a civil suit since the plaintiff lacks the originals of those filed with the plaint, subjecting them to the respondent's objections.

What did the court decide?

Permitting the applicant to produce additional documents (sample sales invoices) subject to respondent's objections on admissibility, relevance and proof.

Dhanavilas Madras Snuff Company Vs Murugavilas… — Civil Procedure and Limitation | Madras HC (2022)

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A.No.4524 of 2021

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A.No.4524 of 2021 in C.S.(Comm.Suits) No.305 of 2020

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SENTHILKUMAR RAMAMOORTHY,J

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This application is filed to receive sample sales invoices as additional documents in the suit. The applicant asserts that one set of sample invoices was filed along with the plaint. On account of the fact that the applicant / plaintiff does not have the originals of those invoices, the present application is filed for permission to file another set of sample invoices in respect of which the originals are available.

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The respondent has filed a counter and opposes the

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application on the ground that it is outside the scope of pleadings. The respondent also contends that these documents do not relate to the suit transactions.

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While the pleadings are complete, the suit is admittedly at the

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pre-trial stage. The applicant has stated that these documents are relevant to the suit claim and that they are being filed in substitution for

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the sample invoices filed along with the plaint. On considering the https://www.mhc.tn.gov.in/judis 1/3

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A.No.4524 of 2021

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reasons set out by the applicant / plaintiff and by taking into account the circumstances, the applicant / plaintiff has established reasonable cause. However, the respondent / defendant may raise objections inter alia on grounds of admissibility, relevance and proof.

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Accordingly, A.No.4524 of 2021 is allowed by permitting the applicant / plaintiff to produce the additional documents set out in the annexure to the Judge's summons subject to the objections of the respondent / defendant inter alia on grounds of admissibility, relevance and proof. The respondent / defendant is permitted to file a statement of admission / denial of these documents on or before 18.04.2022. Both parties are also permitted to file the statement of admission / denial in respect of documents filed by the counter party concerned at the first instance. The parties are also directed to file draft issues.

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List the matter on 18.04.2022.

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11.04.2022

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rna

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https://www.mhc.tn.gov.in/judis

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2/3

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A.No.4524 of 2021

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SENTHILKUMAR RAMAMOORTHY,J

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rna

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A.No.4524 of 2021 in C.S.(Comm.Suits) No.305 of 2020

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11.04.2022

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https://www.mhc.tn.gov.in/judis

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Dhanavilas Madras Snuff Company v. Murugavilas Tirupur Snuff Company

Case brief

What is this about?

What did the court decide?

Dhanavilas Madras Snuff Company v. Murugavilas Tirupur Snuff Company

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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