...defendant can file additional documents subsequent to filing of the written statement only with the leave of the court which entail the exercise of discretion of the court with reference to the facts and...general rule upon the defendant to file all documents relied upon in defence along with the written statement. Order 8 Rule 1A(3) CPC is an exception to general rule. A...defendant by the revenue courts. The trial court on consideration of the matter found that the documents referred to in the application under Order 8 Rule 1A(3) CPC were in...

...which the plaintiff (landlord) wants to place reliance, are to be initially submitted alongwith plaint and after written statement has been filed by defendant (tenant), plaintiff certainly can file...rejoinder but no additional affidavit or documents can be filed at that stage and if that is permitted, it will be a never ending process for producing documents in evidence which is never the intention of...permission to respondents (plaintiff) while accepting documents & affidavits filed at the stage of rejoinder but right of rebuttal has also been given to the defendant.Respondents (plaintiff...

.... 6. Defendant seeks permission to take the additional documents on record on the grounds: (a) save and except two documents, remaining documents have emerged subsequent to t... ITC Limited (supra) to contend that even at the stage when the Plaintiff's evidence is concluded, Defendant can be permitted to file .... (Supra), for the proposition that once a trial has commenced, no party can file additional documents as it is against the legislative intent of the Commercial Courts Act. Reliance was...

...indicate that any such defendant can walk in at any stage of the case and can be permitted to file additional documents. 26. As already noticed above, the ...) The defendant shall file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the written...custody of its one employee when the written statement had been filed but the entire application is silent as to why and under what circumstances, defendant-company could not file these photographs...

...of the aforesaid provisions is that along with the written statement the defendant has to file all documents in his power and possession and in support of his case. Additional documents can be fil.... Therefore, no further time can be granted to the defendant no. 1 to place additional documents on record. As the defendant no. 1 claims to..., 1908 as applicable to commercial suits under the Commercial Courts Act, 2015, a defendant has to file a list of all documents and photocopies of all documents, in its power, possession, control or...

...of the aforesaid, these documents are taken on record. 6. Defendant seeks permission to take the additional documents on record on the grounds: (a) save and except two ..., Defendant can be permitted to file additional documents. The contention, in my view, is wholly misconceived. A bare reading of the judgment shows that the filing of the written statements as well as...SCC OnLine Del 10215 and Societe DES Produits Nestle S.A. (Supra), for the proposition that once a trial has commenced, no party can file additional documents as it is...

...defendant no.1 corporation. The defendant no.1 corporation can admit these documents. Therefore it is not necessary for the plaintiffs to file additional affidavit of PW-1 is allowed to lead furth...documents for which the PW-1 wish to file additional affidavit is the certified copy of plan issued by defendant no.1 Municipal Corporation. Document at SI.No.2 is information given by defendant no.1 MCGM..., 2005 (for short 'RTI') from the Municipal Corporation and desired to file those documents on record and also lead evidence by filing the additional Affidavit of P.W.No.1 and P.W.No.2. Plaintiffs would...

...those are issued by defendant no.1 corporation. The defendant no.1 corporation can admit these documents. Therefore it is not necessary for the plaintiffs to file additional affidavit of PW-1 is a...manner. The documents for which the PW-1 wish to file additional affidavit is the certified copy of plan issued by defendant no.1 Municipal Corporation. Document at SI.No.2 is information given by...Information Act, 2005 (for short 'RTI') from the Municipal Corporation and desired to file those documents on record and also lead evidence by filing the additional Affidavit of P.W.No.1 and P.W.No.2...

...non-disclosure alongwith the plaint7. Leave to file additional documents can be granted to the plaintiff on establishing reasonable cause for non-disclosure alongwith the plaint. The plea is that in...the plaintiff has filed the additional documents.2. Learned counsel appearing for the defendant has strongly opposed the present application. He has stated that alongwith the plaint the...the written statement raised various claims which are actually in the nature of counter-claims. Hence, it is pleaded, the need arose to file additional documents along with the replication. In my...

.... 5. Therefore, this Court is of the considered opinion if the matter is remitted back, the issue between the plaintiff and defendant can be resolved. Therefore, this Court is setting aside the impugne...41 Rule 1 read with Section 96 of C.P.C., against the decree and judgment, dated 17.10.2023, made in O.S.No.111 of 2018 on the file of the Additional District Judge (FTC), Tenkasi. For Appellant...receive additional documents is closed. Registry is directed to hand over the originals of the documents to the concerned party. 3/6...

...relevant observations in the same are set out below: “7. Leave to file additional documents can be granted to the plaintiff on establishing reasonable cause for non-disclosure alongwit.../plaintiff that the defendant has in the written statement raised various claims which are actually in the nature of counter-claims. Hence, it is pleaded, the need arose to file additional documents along...line with the documents already filed and further the case of the plaintiffs and does not set up of a contrary case, would be a reasonable cause permitting the plaintiffs to file additional documents...

...of its counter claim. In law, there is no provision to file an additional written statement and at best a defendant can seek for amendment of his written statement. 8. At this...seeking : 3 : leave of the Court to produce documents as per list in support of their counter claim and also to file an additional written statement. 2. The said applications have been...Court ought to have granted leave to produce these documents. 7. The petitioner had also filed an application seeking for leave to file an additional written statement in support...

...of its counter claim. In law, there is no provision to file an additional written statement and at best a defendant can seek for amendment of his written statement. 8. At this...seeking : 3 : leave of the Court to produce documents as per list in support of their counter claim and also to file an additional written statement. 2. The said applications have been...Court ought to have granted leave to produce these documents. 7. The petitioner had also filed an application seeking for leave to file an additional written statement in support...

...of its counter claim. In law, there is no provision to file an additional written statement and at best a defendant can seek for amendment of his written statement. 8. At this...seeking : 3 : leave of the Court to produce documents as per list in support of their counter claim and also to file an additional written statement. 2. The said applications have been...Court ought to have granted leave to produce these documents. 7. The petitioner had also filed an application seeking for leave to file an additional written statement in support...

...would submit that the remand order passed by the first appellate court is correct and if at all the appellant/defendant want to file any additional written statement, he can do so only before the...appellant/defendant is also at liberty to file additional written statement, if any. On filing of such documents and after letting in evidence, by both sides, the trial court is directed to dispose of the...submit that in the original written statement, the appellant/defendant has not mentioned the name of the competent authority, who can effect transfer as per the Boundary Settlement Act, 1970. However, she...

...exhibited, the defendant would have a remedy to lead evidence against those documents, or file such additional evidence, by way of rebuttal, to support his stand, but could not be permitted to amend the...documents have been admitted and are exhibited, then it will have evidentiary value, otherwise, it is only a piece of paper, and no cognizance of it can be taken by the court below. If it has been...statement. The defendant could only be permitted to lead additional evidence, if he so desires. 7. There is another aspect. order 6, rule 17 permits amendment of the pleadings at any...

.... If it has been exhibited, the defendant would have a remedy to lead evidence against those documents, or file such additional evidence, by way of rebuttal, to support his stand, but could not be...application. If these documents have been admitted and are exhibited, then it will have evidentiary value, otherwise, it is only a piece of paper, and no cognizance of it can be taken by the Court below...amendment of the written statement. The defendant could only be permitted to lead additional evidence, if he so desires.7. There is another aspect. Order VI, Rule...

...additional documents can be received subject to proof and relevancy and the applications filed to reopen the evidence of defendant and to recall D.W.1 should be dismissed with liberty given to the applicant to ...documents can be received subject to proof and relevancy. However, it is for the plaintiffs to get into the box to mark the documents and the plaintiffs cannot compel the defendant to come to box in order to.... Rules read with Order VII Rule 14 (3) of CPC to permit the petitioner / plaintiff to file the following documents: (i)Certified copy of the will executed by Mrs.Vimala dated 05.04.1994 in O.P.No.569...

...the certified copy of the deed of mortgage. So far as the mortgage deed is concerned, the plaintiff filed a certified copy and called upon the defendant to file the original. The defendant refused to...statement that there was no relationship between the parties as mortgagor and mortgagee, the defendant admitted in his additional pleas in the same written statement that the mortgage deed was executed...defendant in his evidence for treating the mortgage as a sham document, can be accepted.18. The reason given by the defendant appears to us rather curious. One can...

...Civil Procedure, 1908, Defendant 1 shall bring into court all documents in his possession or power relating to the mortgaged property in the plaint mentioned and all such documents shall be delivered...have also taken the same view.21. The above decisions appear to be based on the principle that a person in his capacity as a defendant can raise any legitimate plea available...to have been paid at home to Defendant 2 has not been established. Therefore, the view taken by both the courts below under no circumstances, can be sustained.”25. The...