Mandatory Requirements for Filing Documents Before Commercial Courts
Statement of Truth is mandatory to be filed along with plaint. The plaintiff must file a statement of truth giving details of the documents he intends to rely upon in the suit.
Further, it must be mentioned what documents are not in his custody and from whom he has to summon them. All the documents in possession of the plaintiff must be filed along with the plaint.
⚖️ Key Provision:
No documents can be relied upon which has not been mentioned in the statement of truth. This is a mandatory requirement under the Commercial Courts Act.
Late Filing of Documents: Documents can be filed at a late stage only when reasonable cause is shown explaining why the documents were not filed with the plaint, or that those documents have come into existence at a later stage, or the documents were not in the knowledge of the plaintiff, or the documents were in the custody of the defendants.
📜 Landmark Judgment: Shyam Rastogi vs. Hugo Boss
📜 Shyam Rastogi Trading As Shyam Hosiery ... vs Hugo Boss Trade Mark Management Gmbh
Decided on 29 January, 2026
The Hon'ble Supreme Court was dealing with an application under Rule 1 of Order XI, CPC as applicable to commercial suits filed by the appellant/plaintiff therein.
While observing that the Statement of Truth under Order XI Rule 1(3) is a mandate, compulsorily to be adhered to by the plaintiff, it was noted that the documents which were in the power, possession, control or custody and not disclosed with the plaint can be permitted by the leave of the Court under Order XI Rule 1(5), CPC only upon the plaintiff establishing a reasonable cause.
Exception to Reasonable Cause Requirement: The Apex Court held that the requirement of establishing reasonable cause for non-disclosure of the documents along with the plaint shall not be applicable if it is averred that those documents in controversy have been found subsequently and were not in the power, possession, control or custody of the plaintiff at the time when the plaint was filed.
Key Takeaway: The rigors of establishing reasonable cause in non-disclosure along with the plaint may not arise in cases where the documents sought to be produced are discovered subsequent to the filing of the plaint.
📜 Summary of Principles:
• Statement of Truth under Order XI Rule 1(3) is mandatory
• All documents in plaintiff's possession must be filed with plaint
• Documents not disclosed require Court leave under Order XI Rule 1(5)
• Reasonable cause must be shown for non-disclosure
• Exception: Documents discovered after filing plaint may not require reasonable cause
Practical Implications: This judgment reinforces the strict compliance regime under the Commercial Courts Act. Litigants must ensure complete disclosure of all available documents at the time of filing the plaint. However, the Court has provided flexibility for genuine cases where documents come into existence or are discovered after the initial filing.