A.N. Jindal, J.

Challenge in this petition is to the order dated 31.08.2001 passed by the Additional Civil Judge (Senior Division), Amloh, striking off the defence of the defendants-petitioners (hereinafter referred as 'the petitioners').

Factual background of the case is that the plaintiff-respondent (hereinafter referred as ‘the respondent’) claims itself to be a conversion agent and trader of the petitioner No.1 Company and as such, filed a suit for rendition of accounts and mandatory injunction direction the petitioners to settle all their claims as committed and agreed by the petitioners. This suit was filed by the respondent on 22.07.1998 and the written statement was filed by the defendants on 19.12.1998. Thereafter, the respondent filed an application before the trial Court on 15.03.1999 under Order 11 Rule 14 CPC to issue a direction to the petitioners to produce some documents, in order to enable it to file replication. The details of the documents demanded and reply submitted by the petitioners to the said application are as follows:-

Documents demanded

“(1) Commitment register (Account books maintained by the defendants) showing the statement of account between the parties duly confirmed by the plaintiff for the period March, 1989 up to date.

(2) Copy of statement of commitment party-wise with with covering/forwarded letters (Statement of Account) forwarded to the Deputy Director of sale New Delhi and Director of Sales Marketing Calcutta from March, 1989 up to date.

(3) Copy of confirmation of commitment figure received by the defendant with the approval of Deputy Directors Sales and Director of Sales Marketing from march, 1989 up to date, received by the Jalandhar Office.

(4) Copy of Rate tenders issued by the defendants from March 1992 to 31.03.1993.

(5) Copy of Best rate received by the defendant company for each of the item of the tender for the period March, 1992 to 31.03.1993.

(6) Copy of Best rate received by Jalandhar Office referred to above and forwarded by Jalandhar office to Deputy Director of Sales, New Delhi and Director of Sales Marketing Calcutta.

(7) Copy of approval of best rate tenders as referred to above received by Jalandhar Office from Deputy Director of Sales, New Delhi and Director of Sales, Marketing Calcutta.

(8) Copy of letter No.S/VP/TP/25 dated 20.11.1992 duly received by Jalandhar Office from the Office Vice President/Chairman of the defendant company.

(10) Copy of offers for the sale of raw material and finished goods issued by Jalandhar Office to different types of customers in connections with semies of different types and finished goods to Traders, Re-Rollers conversion agents for the period March, 1992 to 31.03.1996.

(11) Copy of offers issued by the defendant office at Jalandhar for sale of finished goods, raw material from the stockyard at Ludhiana goods, raw material from the stockyard at Ludhiana and Jalandhar to Traders, Re-Rollers and conversion agents from the period from March 1992 to March, 1996.

(12) Copies of offers from Offer No.BDM/OLX/92/00100 to B.D.M./OLX/92/00200.

(13) Copy of delivery orders issued and invoices raised by Jalandhar Office in regard to offers referred to above.

(14) Copies of offers for raw material for Spl. conversion to different conversion agents under Jalandhar Branch & Copies of IP Statement month wise submitted by conversion Agents to Jalandhar Office from March 1989 to March 1995.

(15) Copies of Dispatch & Receipt register maintained by the defendant office for the period March 1989 up to date.

(16) Copies of letters dispatched & letters received as referred to above maintained by Jalandhar Office for the period March 1992 up to date.

(17) Copies of Serial No. letter file (letters dispatched & letters received) maintained by defendant company for the period from March 1992 up to date.

(18) Copies of Serial No. (Delivery Orders) Serial file maintained by Jalandhar Office for the period March 1992 to March 1996.

(19) Copy of detail