- (1.) This application has been filed by the plaintiff for recalling and/or clarification of an order dated 22nd January, 2020 by which the plaintiff was disallowed from filing additional documents in the suit under Order XI Rule 1(5) of the Code of Civil Procedure, as amended by The Commercial Courts Act, 2015. The ground for filing the application is that the plaintiff's advocate on record was under a mistaken belief that the amended provisions of Order XI and the Rules thereunder would come into effect only after the suit is renumbered as a commercial cause. The suit was filed as a "regular" suit and by an order dated 7th January 2019 was directed to be transferred as a commercial suit under Section 15 of the Commercial Courts Act.
(2.) Mr. S. K. Kapur, learned senior counsel appearing for the plaintiff submits that the amendment application affirmed on 22nd November, 2019 contained a plaint with proposed amendments and was filed on the assumption that the suit would enter the rigours of the regime of a commercial suit only after the suit was renumbered as a commercial suit. Counsel submits that the amendment application contained 15 documents which are wholly insufficient for proving the plaintiff's cause of action in the suit. According to counsel, there are 91 additional documents which are required to be filed but were not included in the list of documents contained in the amendment application. Counsel also submits that only half of the 42 defendants have filed their written statements and a substantial number of defendants have not entered appearance in the suit.
(3.) Mr. Siddhartha Mitra, learned senior counsel appearing for the defendant no.3 takes the point that the application does not disclose any grounds for recalling of the order and that there are no subsequent events warranting recalling of the same. Counsel states that the order of 7th January, 2019 directed that the suit be renumbered as a commercial cause while the plaintiff filed its affidavit of documents in August, 2019 and affirmed the application for amendment on 22nd November, 2019 which would show that the plaintiff was not interested in complying with the amended provisions of Order XI at the relevant point of time. Counsel further submits that the amendment application of November, 2019 contained a Statement of Truth and a declaration that the 15 documents mentioned therein were the only documents in the possession and custody of the plaintiff under Rule 4 of Order XI, as amended.;