New documents produced in SLP
HI guys, I have an urgent question for a SC counter- petition : In an SLP pending before the Supreme Court relating to a finance matter, there has been a new document annexed by the opposition company which was never present in the high court arguments. There is a "declaration in terms of rule 5" given by the company's attorney: "The Annexures P-1 to P-3 produced along with Special Leave Petition are true and correct copies of the pleadings/documents which formed part of the records of the case in the courts below against whose orders the leave to appeal is sought for in the petition. " There is also an affidavit by the company's secretary that he is aware and all the facts stated are true and the documents relied upon are true and are subject matter of the case at hand. However, there is another annexure P4 which is attached, this was not provided when the case was decided in our favor by the Kolkata High Court. Is this allowed in SC procedure? I can only see that it is clearly violating the declaration itself. I am unable to discuss this matter with my regular attorney as they are not available for some reasons, if any of you could please shed light on this matter, I would be very grateful. If you know of any precedents please advice on the same. Thank you!
Order XVI of the Supreme Court Rules, 1966 deals with the appeals by Special Leave Petition.
Order XVI, Rule 6 of The Supreme Court Rules, 1966 states that-
“6. No annexures to the petition shall be accepted unless such annexures are certified copies of documents which have formed part of the record of the case in the Court sought to be appealed from.”
So, the annexures produced along with the SLP must be true copies of the documents which formed part of the records of the case in the Kolkata High Court against whose order the leave to appeal is sought for in this petition. Since Annexure P-4 was not provided when the case was decided in your favor at Kolkata High Court, it is a clear violation of Order XVI, Rule 6 of the Supreme Court Rules, 1966.
However, the only way by which an opposite party can produce any document which was not part of the records in the Court below is by making a separate application stating the reasons for not producing it in the Court/Tribunal below and the necessity for its production in the Supreme Court and seek leave of the Supreme Court for producing such additional documents in accordance with Order XVI Rule 4(1) (d). Only when leave of the Court is granted, such a document can become annexure in Special Leave Petition.
In my opinion, if annexure P4 is added in the Special Leave Petition without seeking permission to file additional documents by way of separate application, it clearly violates Order XVI Rule 6.
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