GANESH INDUSTRIES AND ORS. Vs. MODI GRAIN STORE AND ORS.
LAWS(ALL)-1987-12-66
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on December 16,1987

Ganesh Industries And Ors. Appellant
VERSUS
Modi Grain Store Respondents

JUDGEMENT

D.S.Bajpai, J. - (1.) HEARD learned counsel for the applicants. The only grievance of the defendant -revisionists is that the learned lower court by its order of 17 -8 -1987 passed an order for recording the defendant's evidence on 20 -8 -1987 in view of the defendant's failure to produce the account books on 17 -8 -1987 as per directions earlier passed by him on 5 -2 -1987. The learned counsel has contended that in the event of failure of the defendants to produce the documents the only provision of the Code of Civil Procedure which the Court below could resort to was Order 11, Rule 21 and none else and the defendants having failed to produce the documents it was open for the plaintiffs to make an application for striking out the defendant's evidence after giving proper notice to the defendants. The submission of the learned counsel is not without force. I accordingly set aside the impugned order dated 17 -8 -1987, allow this revision and direct the Court below to proceed under Order 11, Rule 21 of the Code of Civil Procedure in case the plaintiffs make an application invoking the said provision. The court below will proceed expeditiously with the suit. No order as to costs.;


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