SHYAMLAL GURUPRASAD Vs. GANPATLAL

JUDGEMENT

(1.) THIS is an appeal against the order of the Judge, Shajapur dated 24 -9 -1950 refusing out the written statement under Order (sic) Rule 21, Code of Civil Procedure. The short facts relevant to (sic)se are that Plaintiff Shyamlal filed a suit (sic)tition of the, joint family property. In is of the trial the Plaintiff applied un - of the Gwalior Code of Civil Procedure (sic)dig to Order 11, Rule 15, Code of Civil Procedure for the (sic)on of documents. On 27 -4 -50, the Court (sic) the Defendant to allow the Plaintiff to documents in the presence of the (sic)k of the Civil Judge's Court, Bhelsa. 'It (sic) that 29 -5 -50 was fixed for the inspection (sic)nents. On that day the Defendant did (sic)duce his documents. Ultimately the de -(sic) produced the documents on 27 -6 -50. The (sic) filed an application under Order 11, Rule 21, Code of Civil Procedure to have the defence struck out. The (sic) Court stating that action under Order 11, Rule taken only as a last resort and that the documents have already been produced on 27 -6 -50, and that a large amount of property is involved in the suit which is a partition suit, rejected the application. Consequently the Plaintiff has filed this appeal.

(2.) IT cannot be disputed that the penalty prescribed by Order 11, Rule 21, Code of Civil Procedure can be imposed only in extreme cases and as a last resort. In - 'Allahabad Bank Ltd., Lahore v. Ganpat Rai', AIR 1929 Lah 750 (A), their Lordships of the Lahore High Court observed as follows:

(3.) THE appeal is, therefore, dismissed wife costs.