G. D. SAHGAL, J. :- I have had the advantage of going through the judgement prepared by my learned brother and though I agree with the ultimate order proposed to be passed in the case, I would like to add a few words of my own.

2. The facts of the case do attract the provisions of Order IX, Rule 13 of the Code of Civil Procedure. Under Rule 21 of Order XI of the Code of Civil Procedure if there is a failure of compliance with any order to answer interrogatories or for discovery or inspection of documents, then if the defaulting party is a plaintiff, he is liable to have his suit dismissed for want of prosecution and if a defendant, to have his defence struck out and to be placed in the same position as if he had not defended. There is thus a difference between the case of a plaintiff if he is the defaulter and that of a defendant if he is the defaulter. In the former case the suit is liable to be dismissed for want of prosecution as a result of the default and if the court thinks fit to enforce the provisions of this rule, the plaintiff's suit has to be dismissed straightway for want of prosecution. But in the case of a defendant in the case of his default, the suit is not