JUDGMENT

Neena Bansal Krishna, J. -

I.A. 11509/2021

1. An application under Order XI Rule 21 Read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') has been filed on behalf of the defendant no. 1 for dismissal of the suit of the plaintiff for non-production of the documents as directed by the Court.

2. The plaintiff has filed a suit for recovery of ?14,92,00,000/- and for rendition of accounts. The defendant has stated that this Court vide Order dated 26th September, 2019 allowed the I.A. No. 11042/2019 under Order XI Rule 12 CPC filed by defendant no. 1 with the following directions:

'The plaintiff to file affidavit with respect to the documents of which discovery is sought, within one month from today. The documents, possession and custody of which is admitted, be filed along with the said affidavit'

3. It is submitted that out of 33 documents mentioned in the said application, the plaintiff has filed only 11 documents, that too photocopies, and blatantly refused/neglected to file remaining documents by taking totally baseless, untenable and impermissible pleas. The plaintiff has failed to file the documents, possession and custody of which is ex