(CPC) Court May Grant Leave Under Order XI Rule 5 To File New Documents Not Filed With Plaint: Delhi High Court

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(CPC) Court May Grant Leave Under Order XI Rule 5 To File New Documents Not Filed With Plaint

Case: Valo Automotive Pvt. Ltd. v. Sprint Cars Pvt Ltd.

Coram: Hon’ble Ms. Justice Asha Menon

Case No: CM (M) 324/2021

Court Observation: “When the application under Order VI Rule 17 CPC was filed specifically recording that it was after laboriously and meticulously going through the record, to answer the claim of the respondents that they have never raised any bills or invoices, that the documents could be traced, a sound explanation has come forth.”

“The precise case of the petitioner is that when the respondents denied that invoices were ever raised, the application was moved to bring the invoices on record. Under Order XI Rule 5 CPC, the court can grant leave to the plaintiff to file documents, not filed with the plaint. The Commercial Court erred in over-looking these provisions of the CPC.”

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