Friday, April 14, 2023

Order XI Rule 7 of Code of Civil Procedure, 1908 : Supreme Court Explains the Scope

Order XI Rule 7 of Code of Civil Procedure, 1908 : Supreme Court Explains the Scope 

Code of Civil Procedure, 1908  ("Code") is interesting. 

An important Judgment was passed by Hon'ble Supreme Court on 15 September 2021. 

In Sudhir Kumar @ S. Baliyan v. Vinay Kumar G.B [2021] GCtR 2177 (SC) it had emerged that by operation of Order XI Rule 7 of the Code, as amended by the Commercial Courts Act, Order VII Rule 14 of the Code had no application to commercial suits. Any application, for introduction of additional documents in a commercial suit was required to be filed under Order XI Rule 1(5) of the Code (where the application was moved by the plaintiff) or under Order XI Rule 1(10) of the Code (where the application was moved by the defendant), and not under Order VII Rule 14.


Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

 https://main.sci.gov.in/judgments

Then entering the date of Judgment, for example, as 15 September 2021.


Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction. Reproduction of judgment or publication of judgment unless expressly prohibited by Court according is not an infringement of copyright according to S. 52 (1)(q)(iv) of Copyright Act, 1957.




 

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