The Hon’ble High Court of Delhi while interpreting Rule 3 of the Delhi High Court Rules 2018 read with Orders VII, VIII and XI of the Code of Civil Procedure 1908 held that in the commercial suits, the Registrar has only the power to consider application for order for discovery and production of documents from the other party. He is not entitled to grant leave to the parties to the suit for production of their own documents beyond the stage prescribed thereof.
The same was held in the matter of Max Hypermarket India Private Limited Vs. Curo India Private Limited CS(Comm) 95/2016 on 22.11.2018.
The only limited issue in the said chamber appeal was that whether the Joint Registrar is empowered to allow the plaintiff to file the additional documents on record, after the stage prescribed for filing of the same.
The Hon’ble High Court of Delhi after perusing the arguments of both the parties held that the powers of the Registrar, as defined in Rule 3 of the Delhi High Court rules 2018 have to be understood and interpreted in the context of the provisions of the Code of Civil Procedure.
It was observed that none of the clauses of Rule 3 empowered the Registrar to grant leave for filing of the documents in possession of the plaintiff or the defendant, by the plaintiff or the defendant, beyond the stage prescribed in Order VII Rule 14(1), in Order VIII Rule 1A(1) or in Order XI Rules 12 to 18 & 21 of the Code of Civil Procedure.
It was further observed that at the stage of filing of the documents beyond the period prescribed by a party in the commercial suits, Order VII Rule 14 (1) and Order VIII Rule 1 A (1) and as well as Order XI Rule (1) will apply. And in case of any inconsistency between the said provisions, the rules of Order XI will have to prevail because the same were introduced specially for commercial suits.