In Brief
A trademark plaintiff in a commercial suit sought leave to file additional documents (invoices and other records) that were not disclosed with the plaint. The courts below rejected the application. The Supreme Court partly allowed the appeal, holding that under Order XI Rule 1 CPC (Commercial Courts Act regime), genuinely discovered documents (invoices not in the plaintiff's possession when filing) may be produced without establishing reasonable cause. However, documents that were in the plaintiff's possession but withheld as voluminous cannot be added without reasonable cause. The one-month gap between withdrawal of the first suit and filing the second suit negated the urgency justification. Invoices were permitted but production would not affect the pending interim injunction application."
The lawyer headnote and full judgment text are available to registered users.