( 1 ) THIS appeal has been preferred by the appellant, Shethia Mining and Manufacturing Corporation Limited against the order dated July 3, 1979 of a learned single Judge of this Court whereby the learned Judge dismissed the application of the appellant filed on Dec. 7, 1978.

( 2 ) ON Feb. 7, 1972, the appellant filed a suit against the respondent in the Original Side of this Court praying for a decree for Rs. 12,25,615. 62, being the balance of the price of the goods sold and delivered by the appellant to the respondent. The respondent entered appearance in the suit and filed its written statement. On July 16, 1975, the respondent applied before the Court below for discovery of documents by the appellant. It appears that on July 30, 1975, the appellant affirmed an affidavit of documents. The said affidavit was not, however, filed by the appellant. It is the case of the appellant that the affidavit, after it was affirmed, was sent by the appellant to its Directors in Bombay for their approval, but it was lost sight of and so it could not be filed. Be that as it may, on Aug. 5, 1975 the Court below directed the appellant to file the affidavit of documents within 10