Telangana High Court
Cargill India Pvt. Ltd., vs Krishnapatnam Port Company Ltd. ... on 24 January, 2022
Bench: Satish Chandra Sharma, A.Rajasheker Reddy
1
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
&
HION'BLE SRI JUSTICE A.RAJASHEKER REDDY
CRP No.639 of 2021
ORDER:: ( per Hon'ble Sri Justice A. Rajasheker Reddy, J)
The plaintiff is the revision petitioner. The civil revision petition
is filed aggrieved by the order dated 17-02-2020 passed in IA No.634
of 2019 in C.O.S.No.72 of 2017 whereby and whereunder the
learned Judge, Special Court for Trial and Disposal of Commercial
Disputes at Hyderabad, dismissed the said IA filed under Order VII,
Rule 14, r/w.Section 151 of the Code of Civil Procedure (in short "the
Code") to receive the original documents annexed thereto as also
leave to place them on record.
02. Heard Sri S. Ravi, learned senior counsel appearing for the
revision petitioner and Sri A.Venkatesh, the learned counsel for the
respondents.
03. It is stated by learned senior counsel that there is no laxity in
filing the documents earlier and now it is necessitated to file in
response to the questions posed to PW-1 during the cross-
examination, and inasmuch as the documents are very much
necessary for the purpose of just decision of the suit, the Court
below ought to have allowed the application as no prejudice would
be caused to the respondents as they will have opportunity to file
objections, if any.
04. Learned counsel for the respondents, on the other hand,
submitted that the application is filed to cover-up the shortcomings
in the evidence and the admissions made during cross examination
by the plaintiff-petitioner. It is also stated that out of four
documents two documents were in the possession of the petitioner
and no reasons are stated for not producing them at a belated stage;
the Court below having noticed these aspects and the dilatory tactics
being adopted by the petitioner and no reasons are stated in the
affidavit filed in support of the application for the delay caused,
rightly dismissed the application and no interference is warranted.
05. In this case, it is to be seen that out of four documents, two
documents are of the year 2009 and 2010 relate to warehouse
keeper certificate dated 18-08-2009 and legal notice sent by the
respondent. Though learned senior counsel pointed out that the
details thereof are referred to in paragraphs 8 and 12 of the plaint,
but that itself indicates that those documents were very much
available with the petitioner to file along with the plaint. The burden
to show proof of reasonable cause in not filing the documents along
with plaint arise particularly in the case where such of those
documents are already in possession of the plaintiff at the time of
filing of the plaint. It is settled proposition of law as also the
principles of natural justice requires that full opportunity should be
afforded to the parties to produce their evidence and state their case
before the Court and; unless otherwise appearing, the Court ought
to exercise discretion in favour of the party producing the evidence.
But, in the instant case, suit was filed in the year 2012 registered as
OS No.196 of 2012 and re-numbered as C.O.S is of the year 2017
and the documents are sought to be filed after a lapse of seven
years. No reasons are stated in the affidavit for the delay caused for
not filing documents, which were in his possession earlier, and it is
only when the petitioner was posed with certain questions in the
cross examination, he sought to file these documents which is
nothing short of overcoming the short falls in the case of the
plaintiff, which is impermissible, though the documents sought to be
brought on record are not contradicting to the plaintiff's pleadings in
the plaint. A plea which is not stated in the affidavit, but now
pleaded that the delay was caused on account of Covid-19 pandemic
is also not inspiring the confidence of the Court as Court business
was going on by virtual mode.
06. The Special Amendment to Order XI of the Code (Act 4 of
2016) was brought into to effect from 23-10-2015, applicable to the
commercial Suits in view of the Section 16 of the Commercial Courts
Act. Post amendment, Order XI, Rule 5 CPC prescribes detailed
procedure where the plaintiff has to show reasonable cause for non-
disclosure of the documents along with the plaint. As such, the
procedure prescribed therein shall have to be followed and an
application ought to have been made under Order XI, Rule 5 CPC.
As such, the provision of the Code, as has been amended by the
Commercial Courts Act, shall have to be followed. But the petitioner
has filed the present application under wrong provision of law.
Order XI, Rule (5) of the Special Amendment in respect of
Commercial Suits reads as follows:-
Rule (5) The Plaintiff shall not be allowed to rely on documents,
which were in the plaintiff's power, possession , control or
custody and not disclosed along with plaint or within the
extended period set out above, save and except by leave of
Court and such leave shall be granted only upon the plaintiff
establishing reasonable cause for non-disclosure along with the
plaint.
07. Even assuming for the moment that wrong provision of law will
not itself invalidate the cause, the affidavit is bereft of reasons
muchless reasonable cause for non-filing of the documents along
with the plaint.
08. In the circumstances, we do not find any illegality or
irregularity in the impugned order warranting interference by this
Court in exercise of its supervisory jurisdiction under Article 227 of
the Constitution of India. In the result, the civil revision petition
fails and it is accordingly dismissed. Miscellaneous applications if
any pending also stand disposed of. There shall no order as to costs.
________________________________
SATISH CHANDRA SHARMA,CJ
_____________________________
A.RAJASHEKER REDDY,J
DATED: 24--01--2022
NRG
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
&
HION'BLE SRI JUSTICE A.RAJASHEKER REDDY
Pre-delivered judgment in
CRP No.639 of 2021
Respectfully submitted for Lordship's kind perusal
DATED : -12-2021
NRG
