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BASI REDDY
Vemula Nagendram Firm – Appellant
Versus
Ram Subhas Hari & Co. – Respondent


JUDGMENT

1. This revision petition is against the order of the First Additional District Munsif, Vijayawada, refusing to strike out the defence of the respondents in O.S. No. 526 of 1954 for non-compliance with the orders of the court for the production of certain documents.

2. The facts, so far as they are material for purposes of this petition, are not in dispute. The petitioner filed Original Suit No. 526 of 1954 against the respondents for rendition of accounts and for recovery of the sales-tax paid by him to the respondents in respect of certain dealings between them, on the allegation that the sales-tax having been collected from the petitioner, was either not paid over by the respondents to the Bombay Government or that it was refunded to them by the Bombay Government after the Supreme Court's decision that the sales tax was not liable to be paid. The defendants entered upon their defence and raised several pleas. Issues were framed and the suit underwent Several adjournments. On an application filed by the plaintiff (I.A. No. 2387 of 1955) under Order XI, Rule 14 C.P.C. the court passed the following order on 10-10-1955.

“The learned counsel for the respondents (defendants)

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