Delhi High Court - Orders
Haldiram Bhujia Wala Inc. Through ... vs Lakhi Ram Kashi Ram Through Its Partner ... on 30 September, 2024
$~94
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 3513/2024
HALDIRAM BHUJIA WALA INC. THROUGH PARTNER MR
ASHOK KUMAR AGARWAL .....Petitioner
Through: Mr. Vishwendra Verma with Ms.
Shivali, Mr. Archit Verma, Mr.
Abhishek Nagar and Ms. Riya,
Advocates.
versus
LAKHI RAM KASHI RAM THROUGH ITS PARTNER SH.
VISHAL GOYAL .....Respondent
Through: Mr. Praveen Chauhan with Mr. Path
Sen, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
ORDER
% 30.09.2024 CM APPL. 57434/2024 (exemption) Exemption allowed, subject to all just exceptions. CM(M) 3513/2024 & CM APPL. 57435/2024
1. Petitioner is defending a commercial suit and is aggrieved by order dated 10.09.2024 whereby the learned Trial Court has permitted the plaintiff to place on record several documents in order to show that the plaintiff firm was a registered partnership firm and that the suit had been filed by an authroised person.
2. Admittedly, the said suit is already at the stage of final arguments.
3. Learned counsel for petitioner/defendant submits that the mandate given under Order XI Rule 1 (5) CPC cannot be sacrificed merely by pleading that it was mistake on the part of concerned litigant, when the documents were, admittedly, in his possession, control and custody.
4. Learned counsel for respondent/plaintiff appears on advance notice and CM(M) 3513/2024 1 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/10/2024 at 01:50:39 does admit that these documents were always within his possession, power and control but it was on account of some mistake on the part of the plaintiff that these could not be placed before the learned Trial Court at the earliest available opportunity.
5. He also contends that there is one more similar kind of Civil Suit (Commercial) between the same parties and in that suit, without putting him to any caveat, learned Trial Court rather dismissed the suit holding that the suit was barred under Section 69 of Indian Partnership Act, 1932.
6. It is submitted that such case was also at the stage of final arguments and, therefore, taking cue from what had happened there, he moved an application seeking permission to place on record such documents and such application has been allowed by the learned Trial Court and there is no illegality or perversity in the impugned order.
7. Admittedly, the documents seem to be of unimpeachable character but according to Mr. Verma, learned counsel for petitioner, keeping in mind the specific mandate of law and without at least apprising any plausible reason, the Court should not have allowed the aforesaid application.
8. Both the sides would be at liberty to file written arguments within four weeks from today after mutually exchanging the same between them.
9. List on 07.02.2025.
10. The learned Trial Court is requested to defer the hearing to a date subsequent to the one given by this Court.
MANOJ JAIN, J SEPTEMBER 30, 2024/sw CM(M) 3513/2024 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/10/2024 at 01:50:39