( 1. ) -WRIT petition has been filed calling in question the legality of the appellate order allowing the appeal setting aside the dismissal of the suit by the trial Court under the provisions of Order 11 Rule 21 CPC due to non-compliance of an order dated 14. 1. 2005 passed under Order 11 Rule 14 (1) of CPC.

( 2. ) DEFENDANT had filed an application for directing plaintiff to file original documents of which photo copies were submitted along with the plaint. The trial court has ordered on 14. 1. 05 that plaintiff to produce in Court all the documents which may be in his possession in original within three days of passing of the order. The trial Court directed hearing of the application under Order 7 Rule 11 cpc on the next date. The trial Court vide Order dated 31. 1. 05 considered the effect of non-compliance of order dated 14. 1. 05 of not filing the original documents within three days. The plaintiff has failed to file the documents till 31. 1. 05, consequently the suit was ordered to be dismissed under Order 11 Rule 21 of cpc. Application under Order 7 Rule 11 CPC was not considered in view of dismissal of the suit under the aforesaid provision. Aggrieved by the order,