Additional Documents -- Voluminous Evidence -- Not a reasonable cause for belated production in commercial suit
(i) Civil Procedure Code, 1908, O.11 R.1(5) -- Additional Documents -- Voluminous Evidence -- Volume of documents and complexity of tracking multiple email trails does not amount to reasonable cause for belated production in a commercial suit. Plaintiff is expected to produce all documents and anticipate questions in cross-examination at the outset. A stop and go or piecemeal approach to filing evidence cannot be countenanced. (ii) Civil Procedure Code, 1908, O.11 R.1(4) -- Additional Documents -- Documents in Possession of Plaintiff -- Plaintiff must file documents in its possession along with the plaint, and may seek leave to file additional documents within thirty days of filing suit only on establishing reasonable cause for non-disclosure. Documents in possession of plaintiff since filing of suit cannot be introduced after conclusion of cross-examination of the principal witness.
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