Delhi High Court · 2025
Case at a glance
- Decided
- 02 Apr 2025
- Bench
- MANOJ JAIN
Provisions considered
Key paragraphs
- Para 77. The petition, along with pending application, stands disposed of in aforesaid terms. APRIL 2, 2025/ss/js (MANOJ JAIN) JUDGE Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Date:03.04.2025 18:46:20 CM(M) 605/2025 2
Judgment
Through: Mr. Prem Garg, Advocate. .....Petitioner versus MS SARAS KNIT INDIA Through: Mr. Abhishek Gupta, Advocate. .....Respondent CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)
Petitioner is defending a commercial suit and is aggrieved by order dated 10.03.2025 whereby his request to place on record certain additional documents has been discarded, being devoid of merit.
Curiously, the application had been moved under Order XI Rule 1 (5) CPC whereas, it should have been filed under Order XI Rule 1 (10) CPC. 3. arguments, counsel learned During course petitioner/defendant has restricted his request, merely, with respect to placing on record GST details.
It is submitted that such details are mentioned in affidavit of the concerned witness i.e. DW-2 Mr. Inderjeet Singh and the permission to the abovesaid effect may be granted, as, even otherwise, these documents are of impeccable character. It is also submitted that these documents were not in the control and possession of the actual defendant and these are rather being Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Date:03.04.2025 18:46:20 CM(M) 605/2025 1 sought to be placed on record by the concerned witness himself.
Learned counsel for respondent/plaintiff appears on advance notice and submits that, without prejudice to his rights and contentions, he would have no objection to the abovesaid limited request.
Keeping in mind the overall facts and circumstances of the case, the nature of the proposed document and also the concession given by learned counsel for respondent/plaintiff, the petition is, partly, allowed by permitting the defendant to place on record the relevant documents pertaining to GST. Needless to say, these documents would still be required to be proved in accordance with law.
The petition, along with pending application, stands disposed of in aforesaid terms. APRIL 2, 2025/ss/js (MANOJ JAIN) JUDGE Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Date:03.04.2025 18:46:20 CM(M) 605/2025 2
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908.
Which court decided this case, and when?
Delhi High Court, on 02 Apr 2025. The bench was MANOJ JAIN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.