Max Hypermarket India Pvt. Ltd. v. Curo India Pvt. Ltd.

Max Hypermarket India Pvt. Ltd. v. Curo India Pvt. Ltd.

2019 (77) PTC 427 [Del]

Brief Facts:

• Joint Registrar of Hon’ble High Court of Delhi permitted the additional documents of the Plaintiff to be taken on record vide an order dated 8^th May, 2018.
• The counsel for the Defendant being aggrieved by the said order filed a Chamber Appeal before Ld. Single Judge of Hon’ble High Court of Delhi.

Contention of the Appellant/Defendant was that the Joint Registrar did not have power to permit additional documents.

Contentions of counsel for the Respondent/Plaintiff:

• Joint Registrar is entitled to take additional documents on record as per Rule 3 of Chapter II of Delhi High Court (Original Side) Rules, 2018, which states:

                 “The powers of the Court, including the power to impose costs in relation to the following matters, may be exercised by the Registrar:  ……… (24) Application for orders for discovery and for orders concerning the admission, production and inspection of documents;”

The Hon’ble Court observed Order VII Rule 14 and Order VIII Rule 1A(1) of the Code of Civil Procedure, 1908.

The Hon’ble Court further observed:

• No Clauses in Rule 3, empowered the Registrar to grant leave for filing of the documents in possession of the plaintiff or the defendant, by the plaintiff or the defendant, beyond the stage prescribed in Order VII Rule 14(1) or in Order VIII Rule 1A(1) of the CPC.
• The relevant Rules of Order XI added by way of Commercial Courts Act, 2015 impose additional conditions, viz of leave being not granted without establishing reasonable cause for non-filing/non-disclosure along with plaint/written statement.
• As far as the commercial suits are concerned, the stage for filing by a party to such suit of documents in its power and possession, Order VII Rule 14(1) and Order VIII Rule 1A(1), as well as Order XI Rule (1) and Order XI Rule (7) apply and similarly, to the filing beyond that stage of such documents, Order VII Rule 14(3) and Order VIII Rule 1A(3) as well as Order XI Rule (5) and Order X Rule (10) apply. In the event of any inconsistency, the Rules of Order XI obviously have to prevail, the same having been introduced specially for commercial suits.
• Registrar/Joint Registrar is not empowered to grant leave to a party to produce its own document beyond the stage prescribed and the Joint Registrar has in the impugned order exercised jurisdiction not vested in him in law.

Author’s Comments: As per Order VII Rule 14 (1) when a Plaintiff sues or relies upon a documents, he has to enter such document in a list and has to file the same with the plaint.  If Order VII Rule 14 (1) is not complied the Plaintiff has to take leave of the Court for the purpose that the document which was not field with the plaint be received in Evidence as per Order VII Rule 14 (3) of the Code of Civil Procedure, 1908. Similarly, Order VIII Rule 1 (3) applies for Defendant’s documents.