Commercial Suit Case Summary
Summary
The conversation covers various aspects of commercial suits in Delhi, including the discovery and inspection of documents under Order XI Rule 1(5) CPC, and the production of documents not originally filed with the plaint under Order VII Rule 14(3) CPC. It also discusses the amendment of pleadings under Order VI Rule 17 CPC and provides guidance on how to find contradictory judgments. Additionally, it offers steps to seek a waiver of costs imposed by the court and highlights the importance of relevance, specificity, and timeliness in legal applications.Full Conversation
I want case summary of this case
To provide you with a case summary, I need more specific information about the case, such as the nature of the dispute, relevant court, and any key facts or decisions that have been made. Could you provide more details or specify the type of case it is (e.g., civil, criminal, property dispute)?
this is a commercial suit
Thank you for the details, Sudhir Kumar. Since you mentioned this is a commercial suit, I'll provide general information about commercial suits in the National Capital Territory of Delhi (NCT).
Commercial Courts in Delhi:
- **High Court of Delhi:** Handles commercial disputes of higher value.
- **District Courts:** Handle commercial disputes of lower value.
- **High Court of Delhi:** Handles commercial disputes of higher value.
- **District Courts:** Handle commercial disputes of lower value.
Key Points on Commercial Suits:
- **Commercial Courts Act, *:** Governs commercial disputes.
- **Threshold:** Disputes must meet a specified monetary threshold.
- **Summary Procedures:** Faster resolution mechanisms are available.
For a specific case summary, you might need to access the court records or consult a legal professional. Would you like more details on how to access court records or any other specific information about commercial suits?
- **Commercial Courts Act, *:** Governs commercial disputes.
- **Threshold:** Disputes must meet a specified monetary threshold.
- **Summary Procedures:** Faster resolution mechanisms are available.
For a specific case summary, you might need to access the court records or consult a legal professional. Would you like more details on how to access court records or any other specific information about commercial suits?
cases in which the application under order XI rule * (*) is allowed
Order XI Rule *(*) of the Civil Procedure Code (CPC) pertains to the discovery and inspection of documents in civil cases. Applications under this rule are generally allowed in the following scenarios:
- **Relevance:** When the documents requested are relevant to the issues in the suit.
- **Specificity:** The application specifies the documents required.
- **Possession or Control:** The documents are in the possession or control of the other party.
Would you like more detailed information on how to file such an application or any other aspect of commercial suits?
- **Relevance:** When the documents requested are relevant to the issues in the suit.
- **Specificity:** The application specifies the documents required.
- **Possession or Control:** The documents are in the possession or control of the other party.
Would you like more detailed information on how to file such an application or any other aspect of commercial suits?
when there is a document left to be attached and the thing is so minor
Order XI Rule *(*) of the Civil Procedure Code (CPC) allows a party to request documents relevant to the case. Even if a document is minor, it should be attached if it is:
- **Relevant**: Pertinent to the issues in the suit.
- **Specific**: Clearly identified in the application.
- **In Possession**: Available with the party being requested.
Would you like more information on the process for filing this application, or any specific guidance on commercial suits in Delhi?
- **Relevant**: Pertinent to the issues in the suit.
- **Specific**: Clearly identified in the application.
- **In Possession**: Available with the party being requested.
Would you like more information on the process for filing this application, or any specific guidance on commercial suits in Delhi?
Amendments of pleedings
Amendment of pleadings is governed by Order VI, Rule * of the Civil Procedure Code (CPC). Key points include:
- **Court's Permission**: Amendments require the court's permission.
- **Necessity**: Should be necessary for determining the real controversy.
- **Timeliness**: Should be sought without undue delay.
Would you like more details on how to file an amendment application or any specific guidance on commercial suits in Delhi?
- **Court's Permission**: Amendments require the court's permission.
- **Necessity**: Should be necessary for determining the real controversy.
- **Timeliness**: Should be sought without undue delay.
Would you like more details on how to file an amendment application or any specific guidance on commercial suits in Delhi?
order VII rules *(*)
Order VII Rule *(*) of the Civil Procedure Code (CPC) allows for the production of documents that were not originally filed with the plaint. Key points include:
- **Court's Permission**: Permission from the court is required.
- **Explanation**: A valid reason for not producing the document earlier must be provided.
- **Relevance**: The document must be relevant to the case.
Would you like guidance on how to file this application or more details on commercial suits in Delhi?
- **Court's Permission**: Permission from the court is required.
- **Explanation**: A valid reason for not producing the document earlier must be provided.
- **Relevance**: The document must be relevant to the case.
Would you like guidance on how to file this application or more details on commercial suits in Delhi?
difference between order vii rules *) and order xi rule * (*)
Sure, here are the key differences between Order VII Rule *(*) and Order XI Rule *(*) of the Civil Procedure Code (CPC):
- **Order VII Rule *(*)**
- **Purpose**: Allows the production of documents not originally filed with the plaint.
- **Requirement**: Requires permission from the court.
- **Justification**: Must provide a valid reason for not producing the document initially.
- **Relevance**: Document must be relevant to the case.
- **Order XI Rule *(*)**
- **Purpose**: Pertains to the discovery and inspection of documents.
- **Relevance**: Documents requested must be relevant to the issues in the suit.
- **Specificity**: Application must specify the documents required.
- **Possession**: Documents should be in the possession or control of the other party.
Would you like more detailed guidance on filing these applications or any other specific information about commercial suits in Delhi?
- **Order VII Rule *(*)**
- **Purpose**: Allows the production of documents not originally filed with the plaint.
- **Requirement**: Requires permission from the court.
- **Justification**: Must provide a valid reason for not producing the document initially.
- **Relevance**: Document must be relevant to the case.
- **Order XI Rule *(*)**
- **Purpose**: Pertains to the discovery and inspection of documents.
- **Relevance**: Documents requested must be relevant to the issues in the suit.
- **Specificity**: Application must specify the documents required.
- **Possession**: Documents should be in the possession or control of the other party.
Would you like more detailed guidance on filing these applications or any other specific information about commercial suits in Delhi?
order xi rule * (*)
Order XI Rule *(*) of the Civil Procedure Code (CPC) pertains to the discovery and inspection of documents in civil cases. Applications under this rule are generally allowed in the following scenarios:
- **Relevance**: When the documents requested are relevant to the issues in the suit.
- **Specificity**: The application specifies the documents required.
- **Possession or Control**: The documents are in the possession or control of the other party.
Would you like more detailed guidance on filing this application or any other specific information about commercial suits in Delhi?
- **Relevance**: When the documents requested are relevant to the issues in the suit.
- **Specificity**: The application specifies the documents required.
- **Possession or Control**: The documents are in the possession or control of the other party.
Would you like more detailed guidance on filing this application or any other specific information about commercial suits in Delhi?
order xi rule * (*) as it is
Certainly, here is Order XI Rule *(*) of the Civil Procedure Code (CPC) as it is:
**Order XI, Rule *(*):**
"The affidavit shall specify separately which of the documents therein mentioned the party objects to produce, and it shall also specify separately which of the documents he objects to produce on the ground that they are privileged or otherwise."
Would you like to know more about the process of filing an application under this rule or any specific guidance on commercial suits in Delhi?
**Order XI, Rule *(*):**
"The affidavit shall specify separately which of the documents therein mentioned the party objects to produce, and it shall also specify separately which of the documents he objects to produce on the ground that they are privileged or otherwise."
Would you like to know more about the process of filing an application under this rule or any specific guidance on commercial suits in Delhi?
how to find opposite judgement of a judgement
To find a judgment that contradicts or is opposite to another judgment, you can follow these steps:
*. **Legal Research Databases**: Use databases like SCC Online, Manupatra, or Indian Kanoon to search for cases with similar facts or legal issues but different outcomes.
*. **Comparative Analysis**: Identify key legal principles and compare how different courts have interpreted them.
*. **Consult Legal Professionals**: Seek help from a lawyer who can guide you in finding relevant judgments.
Would you like more details on accessing legal research databases or any other specific guidance on commercial suits in Delhi?
*. **Legal Research Databases**: Use databases like SCC Online, Manupatra, or Indian Kanoon to search for cases with similar facts or legal issues but different outcomes.
*. **Comparative Analysis**: Identify key legal principles and compare how different courts have interpreted them.
*. **Consult Legal Professionals**: Seek help from a lawyer who can guide you in finding relevant judgments.
Would you like more details on accessing legal research databases or any other specific guidance on commercial suits in Delhi?
in my case the authorization letter of the company was not enclosed by mistake now the application had filed under order xi rule * (*) that has been accepted but along with the cost
It seems your application under Order XI Rule *(*) CPC was accepted, but with a cost. Here's a brief overview:
- **Relevance**: The application was likely accepted because the requested documents are relevant.
- **Specificity**: Your application must have clearly specified the required documents.
- **Cost**: Costs are sometimes imposed as a penalty for procedural lapses or delays.
Would you like guidance on how to handle the cost or any other aspect of your case?
- **Relevance**: The application was likely accepted because the requested documents are relevant.
- **Specificity**: Your application must have clearly specified the required documents.
- **Cost**: Costs are sometimes imposed as a penalty for procedural lapses or delays.
Would you like guidance on how to handle the cost or any other aspect of your case?
how to get this cost waived off
To seek a waiver of the cost imposed, you may consider the following steps:
- **File a Review Application**: Request the court to review the order imposing the cost.
- **Provide Justification**: Explain the reasons for the procedural lapse or delay.
- **Show Good Faith**: Demonstrate your intention to comply promptly and correctly.
Would you like more detailed guidance on filing a review application or any other aspect?
- **File a Review Application**: Request the court to review the order imposing the cost.
- **Provide Justification**: Explain the reasons for the procedural lapse or delay.
- **Show Good Faith**: Demonstrate your intention to comply promptly and correctly.
Would you like more detailed guidance on filing a review application or any other aspect?
amendments in commercial suits
Amendments in commercial suits are governed by the Commercial Courts Act, *, and the Civil Procedure Code (CPC). Key points include:
- **Permission**: Amendments require court permission.
- **Necessity**: Must be necessary to determine the real controversy.
- **Timeliness**: Should be sought without undue delay.
Would you like more details on the process of filing an amendment application or any other specific guidance on commercial suits in Delhi?
- **Permission**: Amendments require court permission.
- **Necessity**: Must be necessary to determine the real controversy.
- **Timeliness**: Should be sought without undue delay.
Would you like more details on the process of filing an amendment application or any other specific guidance on commercial suits in Delhi?
what is the provisions
To provide you with relevant provisions, here are some key points regarding amendments in commercial suits under the Commercial Courts Act, *, and the Civil Procedure Code (CPC):
- **Order VI, Rule * (CPC)**:
- **Court’s Permission**: Amendments require the court's permission.
- **Necessity**: Amendments must be necessary for determining the real controversy.
- **Timeliness**: Must be sought without undue delay.
Would you like more details on how to file an amendment application or any other specific query related to commercial suits in Delhi?
- **Order VI, Rule * (CPC)**:
- **Court’s Permission**: Amendments require the court's permission.
- **Necessity**: Amendments must be necessary for determining the real controversy.
- **Timeliness**: Must be sought without undue delay.
Would you like more details on how to file an amendment application or any other specific query related to commercial suits in Delhi?