Krishnan, J.

1. In this case the defendant had applied to the Subordinate Judge for an order of discovery of documents against the plaintiff under Order 11, Rule 12, C.P. Code. The learned Judge refused to give such an order but directed the defendant to file a list of documents which he alleged were with the plaintiff, and on his doing so, passed an order under Rule 14 directing production of such documents upon oath. The plaintiff produced certain documents in Court and prayed the Court to keep them under lock and key. He also filed an affidavit. Under the Subordinate Judges orders the documents were kept under lock and key. The defendant then applied for inspection and by a separate order after hearing parties inspection was ordered of the documents filed in Court by the plaintiff. On defendant inspecting those documents he found that some of the documents included in his list were not produced, in particular the rough chitta books he had asked for. Thereupon the defendant applied to the Court to take action under Order 11, Rule 21 and to dismiss the suit. The Subordinate Judge dismissed the application holding that that rule did not apply to cases of non-compliance with