Mohit S.Shah, CJ.

1. THIS appeal is directed against the judgment dated 1st March, 2010 of the learned single Judge allowing the application for modification of the orders dated 8th April and 4th September, 2008 in Civil Suit No. 217 of 2006.

2. THE suit was filed by respondent No. 1 herein "plaintiff against the present appellant, "appellant" or "defendant No.2" and three other defendants claiming money decree and other consequential reliefs. Defendant No. 2 in the suit (appellant herein) filed its written statement and, on the ground that the plaintiff was not taking any steps in expediting hearing of the suit, defendant No. 2 made application being G.A. No. 990 of 2008 seeking directions upon the plaintiff to file affidavit of documents and in default the suit be dismissed. THE learned single Judge passed order dated 8th April, 2008 disposing of the application in the following terms: This is an application for peremptory order of discovery. THE plaintiff has been served but is not represented. Documents should be discovered within a period of four weeks from date failing which the suit will stand dismissed for default. Inspection will be taken forthwith upon documents b