ABDUL LATIF VALIMOHMED Vs. SHAH KALIDAS MULJI AND CO

JUDGEMENT

(1.) The question raised in this revision application is as to whether failure to comply with an order to give inspection of documents as ordered by the court would automatically entail the dismissal of the suit or the striking off the defence as the case may be? If not has the trial Court properly exercised its discretion in this case by refusing to dismiss the suit of the plaintiff?

(2.) The opponent plaintiff filed Civil Suit No. 170 of 1975 in the court of Civil Judge (JD) Una District Junagadh for recovery of the amount of goods sold and delivered. The petitioner defendant appeared in the suit and resisted the same. On 17/07/1979 the petitioner submitted an application praying that the plaintiff be ordered to give inspection of books of accounts mentioned in the application. The application was allowed. As contented by the petitioner defendant the order passed by the trial court was not complied with by the plaintiff that is to say the inspection of documents was given by the plaintiff to the petitioner defendant. Thereupon the petitioner defendant submitted an application Exhibit 3 2/01/1980 and prayed that under the provisions of Order 11 Rule 21 of the Code of Civil Procedure the suit of the plaintiff be dismissed. The trial court did not grant the application but gave a further opportunity to the plaintiff and directed that inspection of documents be given on or before 14/07/1980

(3.) The petitioner defendant preferred Civil Revision Application No. 1288 of 1980 in this Court. This Court (Coram: A.M. Ahmadi J.) at the preliminary hearing stage rejected the revision application and passed the following order on 25/08/1980 Rejected. But it would be open to make a similar application. Thereafter the petitioner defendant preferred an application Exhibit 4 9/10/1980 and prayed that the plaintiffs suit should be dismissed as the order of inspection documents was not complied with by the plaintiff. The trial court rejected this application and did not order to dismiss the suit but granted one more opportunity to the plaintiff to give inspection of documents on or before 23/02/1981 Against this order of the trial court the petitioner defendant has preferred the present revision application.