SHINDE, J.

1. This is an appeal against the order of the District Judge, Shajapur dated 24-9-1950 refusing to strike out the written statement under O. 11, R. 21, Civil P.C. The short facts relevant to this case are that plaintiff Shyamlal filed a suit for partition of the joint family property. In the course of the trial the plaintiff applied under S. 150 of the Gwalior Code of Civil Procedure corresponding to O. 11, R. 15, Civil P.C. for the inspection of documents. On 27-4-50, the Court ordered the defendant to allow the plaintiff to inspect the documents in the presence of the head clerk of the Civil Judge's Court, Bhelsa. It appears that 29-5-50 was fixed for the inspection or documents. On that day the defendant did not produce his documents. Ultimately the defendant produced the documents on 27-6-50. The plaintiff filed an application under O. 11, R. 21, Civil P.C. to have the defence struck out. The lower court stating that action under O. 11, R. 2 can be taken only as a last resort and that the documents have already been produced on 27-6-50, and that a large amount of property is involved in the suit which is a partition suit, rejected the application. Consequent