Pandalai, J.

1. The plaintiff appeals from an order expressly made by the learned Subordinate Judge of Cochin under Order 11, Rule 21, Sch. 1, Civil P.C., dismissing his suit for want of prosecution on the ground that the plaintiff had contumaciously refused to produce certain documents which he had been ordered to produce. From the terms of the Judges order as well as from the previous orders for production which are on the record, there is no doubt that those orders were passed under Order 11, Rule 14 and that respondent-defendant 1 applied for orders under that provision. This being so, it would be enough to dispose of this appeal to say that the learned Judge had no authority to dismiss the plaintiffs suit for disobedience of an order under Order 11, Rule 14. That was decided so far as this Court is concerned in Subbayyar v. Ramanathan Chettiar AIR 1924 Mad 582 which followed a decision of the Allahabad High Court in Lyallpur Sugar Mills Co. Ltd. v. Ram Chandra Gur Sahai Cotton Mills Co. Ltd. AIR 1922 All 238. I should have been content to set aside the learned Judges order on this short ground and send the case back for disposal according to law if it had not been that