- 1 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.5438/2022 (GM-CPC) BETWEEN: 1. ELEGANT INTERNATIONAL SCHOOL CHAMUNDINAGAR, BENGALURU 560032 REP. BY ITS PRINCIPAL MRS. SHAMAMEH TAJ AGED 45 YEARS. 2. ELEGANT EDUCATIONAL AND WELFARE TRUST CHAMUNDINAGAR, BENGALURU 560032 REP. BY ITS PRESIDENT MR. SYED YASEEN MUNAWWAR AGED 49 YEARS. …PETITIONERS (BY SRI. M.V. NAREN SHAKTI SWARUP, ADV., FOR SRI. UMA SHANKAR M.N. ADV.,) AND: WISDOM ENTERPRISES REP. BY ITS PROPRIETOR MR. MUDASSIR MUNAVVER S/O MR. I.F. MUNNAVVER AGED ABOUT 34 YEARS R/AT NO.4, 1ST MAIN ROAD SABEEL COLONY, NAGAWARA MAIN ROAD BENGALURU 560045. …RESPONDENT (BY SRI. ABHISHEK N.V. ADV.,) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS OF COM.O.S.NO.474/2021 PENDING ON THE FILE OF THE LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, (EXCLUSIVE COMMERCIAL COURT) BENGALURU CITY AND AFTER EXAMINING THE SAME QUASH AND SET ASIDE THE ORDER DATED 16TH FEBRUARY 2022 IN COM.O.S.NO.474/2021 IN I.A.III AND IV AT ANNEXURE-A PASSED BY THE LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, (EXCLUSIVE COMMERCIAL COURT) BENGALURU CITY, IN THE INTEREST OF JUSTICE & ETC. THIS PETITION HAVING BEEN HEARD AND RESERVED ON 17.07.2026, COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 16.02.2022 passed on I.A.Nos.III and IV in Com.O.S.No.474/2021 by the LXXXVIII Additional City Civil and Sessions Judge, (Exclusive Commercial Court), Bengaluru City (for short ‘the Commercial Court’). 2. The parties shall be referred to as per their ranking before the Commercial Court for the sake of convenience. - 3 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 3. The brief facts leading to the filing of this petition are that the plaintiff filed a suit in Com.O.S.No.474/2021 against the defendants for recovery of Rs.20,78,235/-. In the said suit, the plaintiff filed I.A.Nos.III and IV seeking to amend the plaint as well as to produce additional documents. The Commercial Court considered the said applications and allowed the same vide impugned order dated 16.02.2022. Being aggrieved, this appeal is filed. 4. Sri.M.V.Naren Shakti Swarup, learned counsel appearing for Sri.Uma Shankar M.N, learned counsel appearing for the petitioner submits that the Commercial Court has passed the impugned order without considering the material on record and the law in its proper perspective. It is submitted that Order XI Rule 1(4) and (5) of Code of Civil Procedure, 1908 (for short ‘the CPC’) as amended by the Commercial Courts Act, 2015 (for short ‘the Act’) lays down the procedure for production of - 4 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 additional documents as well as the bar on the plaintiff to produce any additional documents, which were in his power, possession, control or custody and not disclosed along with the plaint or within the extended period sought under Rule 4 of the CPC, except by leave of the Court and such leave shall be granted only upon the plaintiff establishing reasonable cause for non-disclosure of the documents along with the plaint. It is further submitted that the Commercial Court has not considered the scope of Order XI Rule 1(4) and (5) of the CPC as amended by the Act, while deciding on the application and allowed the same solely on the ground that the nature of the suit is not altered. It is also submitted that the nature of amendment of the plaint as well as production of additional documents is such that it seeks to introduce incorrect facts and the same is inconsistent with the earlier pleadings. It is contended that if the plaintiff seeks to produce the additional documents, then the same must be as per the procedure established under Order XI Rule 1(4) - 5 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 and (5) of the CPC as amended by the Act. However, in the instant case, the plaintiff has neither sought leave from the Court to produce additional documents at the time of filing nor has he produced any explanation in the affidavit accompanying the applications to establish a reasonable cause. Hence, in the absence of any explanation, the Commercial Court has proceeded to erroneously pass the impugned order without considering the scope of the aforesaid Rules. In support of his contentions, he placed reliance on the following decisions of the Hon’ble Supreme Court, this Court and the Delhi High Court: a) M/S LEVITATE MOBILE TECHNOLOGIES PVT LTD Vs. M/S STANDARD CHARTERED BANK AND ANOTHER1 b) SUDHIR KUMAR @ BALIYAN Vs. VINAY KUMAR G B2 c) IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED Vs. FICUS PAX PRIVATE LIMITED.3 d) ZEE ENTERTAINMENT ENTERPRISES LTD Vs. SAREGAMA INDIA LTD4 e) ZIMALAYA DRUGS PVT LTD Vs. DABUR INDIA LIMITED5 1 2026 INSC 674 2 2021 (13) SCC 71 3 W,.P.No.23634/2025 dtd 03.09.2025 4 CS (Comm) No. 1674/2016 dtd 28.02.2025 - 6 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 f) ANITA CHHABRA & ORS Vs. SURENDER KUMAR6 g) CASA 2 STAYS PVT LTD Vs. VLCC PERSONAL CARE LTD7 h) GOODEARTH BRICKS PVT LTD Vs. MOVIE TIME CINEMA PVT LTD8 Hence, he seeks to allow the petition. 5. Per contra, Sri.Abhishek N.V, learned counsel appearing for the respondents supports the impugned order of the Commercial Court and submits that the Commercial Court has considered the material on record in its proper perspective and the same does not call for any interference. It is submitted that the production of the additional documents in the instant case is covered under the exception provided under Order XI Rule 1(1)(c)(ii) of the CPC as amended by the Act, wherein it is clearly stated that nothing in Order XI Rule 1 of the CPC as amended by the Act, shall apply to documents produced by the plaintiff when the document is produced in reply to 5 CM(M) No.210/2026, CM Appeal No. 5590/2026 & CM Appeal No.5591/2026 dtd 28.01.2026 6 CM(M) No.548/2022 and CM No. 26752/2022 dtd 26.09.2022 7 CM(M) No. 2205/2024, CM Appeal No.18005/2024 dtd 05.07.2024 8 CM(M) No.223/2025 dtd 04.02.2025 - 7 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 a case raised by the defendant subsequent to the filing of the plaint. It is further submitted that the defendants have stated in paragraph 2 of the written statement filed in Com.O.S.No.474/2021, that 'the Plaintiff has not produced any delivery challan signed by the authorized staff of the Defendant No.1 school'. Therefore, the additional documents sought to be produced are in response to the aforesaid case raised by the defendants and the procedure and bar for production of additional documents as per Order XI Rule 1(4) and (5) of the CPC as amended by the Act, is not applicable in this case. In support of his contentions, he placed reliance on the decision of High Court of Delhi in the case of VALO AUTOMOTIVE PVT LTD Vs. SPRINT CARS PVT LTD9 and MAHESH CHAUDHRI AND ANOTHER Vs. IMV INDIA PVT LTD10. Hence, he seeks to dismiss the petition. 9 2021 SCC Online Del 4080 10 2019 SCC Online Del 9813 - 8 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 6. I have heard the contentions raised by the learned counsel for the petitioners-defendants, the learned counsel for the respondent-plaintiff and perused the material available on record. I have given my anxious consideration to the submissions advanced on both the sides. 7. The respondent has filed a suit in Com.O.S.No.474/2021 seeking the relief of recovery of a sum of Rs.20,78,235/-. In the said suit, the petitioners filed a detailed written statement denying the contentions of the respondent and sought for dismissal of the suit. In the said suit, the respondent-plaintiff filed applications in I.A.No.III under Order VI Rule 17 of the CPC as amended by the Act, seeking to amend the plaint and I.A.No.IV under Order XI Rule 1(5) of the CPC as amended by the Act, seeking to produce additional documents. The Commercial Court considered the said applications and allowed the same on the ground that the proposed - 9 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 amendment and the additional documents do not alter the nature of the suit and that the same does not affect the right of the opposing party and proceeded to allow the applications. 8. Order XI Rule 1 of the CPC as amended by the Act deals with discovery and disclosure of the documents, the relevant sub-sections of the aforesaid provision are extracted below: “ORDER XI 1. Disclosure and discovery of documents.— (1) Plaintiff 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 plaint, including:— (a) documents referred to and relied on by the plaintiff in the plaint; (b) documents relating to any matter in question in the proceedings, in the power, possession, control or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same is in support of or adverse to the plaintiff’s case; (c) nothing in this Rule shall apply to documents produced by plaintiffs and relevant only–– - 10 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 (i) for the cross-examination of the defendant’s witnesses, or (ii) in answer to any case set up by the defendant subsequent to the filing of the plaint, or (iii) handed over to a witness merely to refresh his memory. (2) The list of documents filed with the plaint shall specify whether the documents in the power, possession, control or custody of the plaintiff are originals, office copies or photocopies and the list shall also set out in brief, details of parties to each document, mode of execution, issuance or receipt and line of custody of each document. (3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power, possession, control or custody of the plaintiff, pertaining to the facts and circumstances of the proceedings initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does not have any other documents in its power, possession, control or custody. Explanation.––A declaration on oath under this sub- rule shall be contained in the Statement of Truth as set out in the Appendix. (4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of the - 11 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 above declaration on oath and subject to grant of such leave by Court, the plaintiff shall file such additional documents in Court, within thirty days of filing the suit, along with a declaration on oath that the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have any other documents, in its power, possession, control or custody. (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. (6) The plaint shall set out details of documents, which the plaintiff believes to be in the power, possession, control or custody of the defendant and which the plaintiff wishes to rely upon and seek leave for production thereof by the said defendant. (7) to (12) xxxx 2 to 7 xxxx” - 12 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 9. In order to appreciate the scope of the aforesaid provisions, it would be useful to refer to the relevant paragraphs of the decision of the Hon'ble Supreme Court in the case of SUDHIR KUMAR @ S. BALIYAN referred supra, which are extracted hereinbelow: "9.3. It is true that Order 11 Rule 1CPC as applicable to the commercial suits brought about a radical change and it mandates the plaintiff to file a list of all documents, photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the plaint and a procedure provided under Order 11 Rule 1 is required to be followed by the plaintiff and the defendant, when the suit is the commercial suit. Order 11 Rule 1, as applicable to commercial suits reads as under: “ORDER 11 DISCLOSURE, DISCOVERY AND INSPECTION OF DOCUMENTS IN SUITS BEFORE THE COMMERCIAL DIVISION OF A HIGH COURT OR A COMMERCIAL COURT 1. Disclosure and discovery of documents.—(1) Plaintiff shall file a list of all documents and photocopies of all documents, in its power, possession, control or - 13 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 custody, pertaining to the suit, along with the plaint, including: (a) documents referred to and relied on by the plaintiff in the plaint; (b) documents relating to any matter in question in the proceedings, in the power, possession, control or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same is in support of or adverse to the plaintiff's case; (c) nothing in this Rule shall apply to documents produced by plaintiffs and relevant only— (i) for the cross-examination of the defendant's witnesses, or (ii) in answer to any case set up by the defendant subsequent to the filing of the plaint, or (iii) handed over to a witness merely to refresh his memory. (2) The list of documents filed with the plaint shall specify whether the documents in the power, possession, control or custody of the plaintiff are originals, office copies or photocopies and the list shall also set out in brief, details of parties to each document, mode of execution, issuance or receipt and line of custody of each document. (3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power, possession, control or custody of the plaintiff, - 14 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 pertaining to the facts and circumstances of the proceedings initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does not have any other documents in its power, possession, control or custody. Explanation.—A declaration on oath under this sub- rule shall be contained in the Statement of Truth as set out in the Appendix. (4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of the above declaration on oath and subject to grant of such leave by court, the plaintiff shall file such additional documents in court, within thirty days of filing the suit, along with a declaration on oath that the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have any other documents, in its power, possession, control or custody. (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 - 15 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 reasonable cause for non-disclosure along with the plaint. (6) The plaint shall set out details of documents, which the plaintiff believes to be in the power, possession, control or custody of the defendant and which the plaintiff wishes to rely upon and seek leave for production thereof by the said defendant. (7) 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 statement or with its counterclaim if any, including— (a) the documents referred to and relied on by the defendant in the written statement; (b) the documents relating to any matter in question in the proceeding in the power, possession, control or custody of the defendant, irrespective of whether the same is in support of or adverse to the defendant's defence; (c) nothing in this Rule shall apply to documents produced by the defendants and relevant only— (i) for the cross-examination of the plaintiff's witnesses, (ii) in answer to any case set up by the plaintiff subsequent to the filing of the plaint, or (iii) handed over to a witness merely to refresh his memory. - 16 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 (8) The list of documents filed with the written statement or counterclaim shall specify whether the documents, in the power, possession, control or custody of the defendant, are originals, office copies or photocopies and the list shall also set out in brief, details of parties to each document being produced by the defendant, mode of execution, issuance or receipt and line of custody of each document. (9) The written statement or counterclaim shall contain a declaration on oath made by the deponent that all documents in the power, possession, control or custody of the defendant, save and except for those set out in sub-rule (7)(c)(iii) pertaining to the facts and circumstances of the proceedings initiated by the plaintiff or in the counterclaim, have been disclosed and copies thereof annexed with the written statement or counterclaim and that the defendant does not have in its power, possession, control or custody, any other documents. (10) Save and except for sub-rule (7)(c)(iii), defendant shall not be allowed to rely on documents, which were in the defendant's power, possession, control or custody and not disclosed along with the written statement or counterclaim, save and except by leave of Court and such leave shall be granted only upon the defendant establishing reasonable cause for - 17 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 non-disclosure along with the written statement or counterclaim. (11) The written statement or counterclaim shall set out details of documents in the power, possession, control or custody of the plaintiff, which the defendant wishes to rely upon and which have not been disclosed with the plaint, and call upon the plaintiff to produce the same. (12) Duty to disclose documents, which have come to the notice of a party, shall continue till disposal of the suit.” Order 11 Rule 1(3) provides that the plaint shall contain a declaration on oath from the plaintiff that all documents in the power, possession, control or custody of the plaintiff, pertaining to the facts and circumstances of the proceeding initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does not have other documents in its power, possession, control or custody. As per the Explanation under Order 11 Rule 1(3) a declaration on oath under this sub-rule shall be contained in the Statement of Truth as set out in the Appendix. Appendix I with respect to the Statement of Truth reads as under: - 18 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 “APPENDIX I STATEMENT OF TRUTH (Under First Schedule, Order 6 Rule 15-A and Order 11 Rule 3) I … the deponent do hereby solemnly affirm and declare as under: 1. I am the party in the above suit and competent to swear this affidavit. 2. I am sufficiently conversant with the facts of the case and have also examined all relevant documents and records in relation thereto. 3. I say that the statements made in … paragraphs are true to my knowledge and statements made in … paragraphs are based on information received which I believe to be correct and statements made in … paragraphs are based on legal advice. 4. I say that there is no false statement or concealment of any material fact, document or record and I have included information that is according to me, relevant for the present suit. 5. I say that all documents in my power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by me have been disclosed and copies thereof annexed with the plaint, and that I do not have any other documents in my power, possession, control or custody. - 19 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 6. I say that the abovementioned pleading comprises of a total of … pages, each of which has been duly signed by me. 7. I state that the Annexures hereto are true copies of the documents referred to and relied upon by me. 8. I say that I am aware that for any false statement or concealment, I shall be liable for action taken against me under the law for the time being in force. Place: Date: DEPONENT VERIFICATION I, …… do hereby declare that the statements made above are true to my knowledge. Verified at [place] on this [date]. DEPONENT.” Therefore, the declaration on oath shall be part of the plaint. The plaintiff has to declare on oath that all documents in its/his power, possession, control or custody, pertaining to the facts and circumstances of the proceedings, initiated by him/it have been disclosed and the copies thereof annexed with the plaint, and that he does not have any other documents in his power, possession, control or custody. Therefore as such it is mandated by Order 11 Rule 1 for the plaintiff to disclose and produce all the documents in his power, - 20 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 possession, control or custody, pertaining to the facts and circumstances of the proceedings. 9.4. However, the additional documents can be permitted to be bought on record with the leave of the court as provided in Order 11 Rule 1(4). Order 11 Rule 1(4) provides that in case of urgent filings, the plaintiff may seek leave to rely on additional documents as part of the above declaration on oath [as provided under Order 11 Rule 1(3)] and subject to grant of such leave by court, the plaintiff shall file such additional documents in court, within thirty days of filing the suit, along with a declaration on oath that the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have any other documents, in its power, possession, control or custody. 9.5. Order 11 Rule 1(5) further provides that 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. Therefore on - 21 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 combined reading of Order 11 Rule 1(4) read with Order 11 Rule 1(5), it emerges that (i) in case of urgent filings the plaintiff may seek leave to rely on additional documents; (ii) within thirty days of filing of the suit; (iii) making out a reasonable cause for non-disclosure along with plaint. 9.6. Therefore a further thirty days' time is provided to the plaintiff to place on record or file such additional documents in court and a declaration on oath is required to be filed by the plaintiff as was required as per Order 11 Rule 1(3) if for any reasonable cause for non-disclosure along with the plaint, the documents, which were in the plaintiff's power, possession, control or custody and not disclosed along with plaint. Therefore the plaintiff has to satisfy and establish a reasonable cause for non-disclosure along with plaint. However, at the same time, the requirement of establishing the reasonable cause for non-disclosure of the documents along with the plaint shall not be applicable if it is averred and it is the case of the plaintiff that those documents have been found subsequently and in fact were not in the plaintiff's power, possession, control or custody at the time when the plaint was filed. Therefore Order 11 Rule 1(4) and Order 11 Rule 1(5) applicable to the commercial suit shall be applicable only with respect to the documents - 22 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 which were in plaintiff's power, possession, control or custody and not disclosed along with plaint. Therefore, the rigour of establishing the reasonable cause in non- disclosure along with plaint may not arise in the case where the additional documents sought to be produced/relied upon are discovered subsequent to the filing of the plaint." 10. The aforesaid provision and the enunciation of law laid down the Hon'ble Supreme Court makes it clear that the plaintiff, at the time of presenting the plaint must file a list of all the documents in its power, possession, control or custody pertaining to the suit. It further makes it clear that the list shall specify whether the documents are in the power, possession, control or custody of the plaintiff along with a declaration on oath that all the documents in the power, possession, control or custody of the plaintiff, pertaining to the facts and circumstances of the proceedings initiated by him have been disclosed. It also makes it clear that in case of urgent filing, wherein documents cannot be produced along with the plaint, leave of the Court must be sought to rely on additional - 23 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 documents and if such leave is obtained, the additional documents must be filed within thirty days of filing of the plaint. Furthermore, it is made clear that the plaintiff shall not be allowed to rely on any additional documents for which leave was not sought except when the plaintiff satisfies the Court that there was a reasonable cause for non-disclosure along with the plaint. The aforesaid provisions clearly indicate that the object of amendment to the CPC by the Act is to enable speedy disposal of suits of commercial nature and prevent any procedural delays. However, Order XI Rule 1(1)(c) of the CPC as amended by the Act, enumerates the exceptions wherein the provisions of the Rule shall not apply. 11. In the instant case, the plaintiff has filed I.A.No.III and I.A.No.IV for amendment of plaint as well as production of additional documents. The affidavit accompanying I.A.No.III i.e. amendment of plaint, states as follows: - 24 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 “I submit that I have not pleaded the specific mechanism in which I was transacting with the defendant, as I was under a Bonafide impression that the defendants would not deny the transaction. I submit that taking advantage of the same, the defendants are entirely denying the receipt of the goods only with an intention to deny the amount which I am entitled to received. I submit that in view of the above the omission in pleading the specificity of the transaction is only Bonafide. At this pre-trial stage since the defendant has denied the entire transaction itself, it is imperative to substantiate the entire transaction itself and to substantiate the pleadings as to how the goods were received by the defendants.” 12. The aforesaid averments made by the plaintiff make it clear that the additional pleadings sought to be made are in response to the case made out by the defendant in the written statement, wherein he has entirely denied the transactions. The affidavit accompanying I.A.No.IV i.e. production of additional documents clearly indicates that the documents are sought to be produced to support the pleadings sought to be - 25 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 introduced in the amendment of plaint. It is therefore clear that the documents sought to be produced seek to justify the additional pleadings raised in response to the case made out by the defendant in his written statement. Order XI Rule 1(1)(c)(ii) of the CPC as amended by the Act, provides an exception to the procedure under Order XI Rule 1 of the CPC as amended by the Act, where the additional documents are sought to be produced in order to answer any case set up by the defendants subsequent to the filing of the plaint. Hence, I am of the considered view that the learned counsel for the respondents rightly contends that the documents sought to be produced by the plaintiff falls within the exception provided under Order XI Rule 1(1)(c)(ii) of the CPC as amended by the Act. 13. The decisions of the Hon’ble Supreme Court, this Court as well as the Delhi High Court that were relied on by the learned counsel for the petitioner elaborate on the scope and effect of Order XI Rule 1 of the CPC as - 26 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 amended by the Act. It is held that the procedure established under the aforesaid Rule needs to be strictly adhered, to achieve the object of the Act as intended by the legislature. It is further held that the plaintiff ought to seek the leave of the Court at the time of filing of the plaint to produce additional documents and the same ought to be filed within 30 days, if the leave is granted. It is also held that the scope of reasonable cause established to show the non-disclosure of documents along with the plaint ought to be construed in a very limited sense and must not be used to accommodate any negligence on behalf of the parties in producing the documents along with the plaint, which would defeat the object of the Act. However, the said findings will not aid the petitioner in the instant case as the production of the additional documents herein falls squarely within the exception provided under Order XI Rule 1(1)(c)(ii) of the CPC as amended by the Act. Hence, I am of the considered view that the Commercial Court has rightly allowed the applications for - 27 - HC-KAR CNR: KAHC010111272022 NC: 2026:KHC:38187 W.P. No.5438/2022 amendment of plaint and the production of additional documents and the same does not call for any interference. 14. For the aforementioned reasons, I proceed to pass the following: ORDER The writ petition is devoid of merits and is accordingly dismissed. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 1