Code of Civil Procedure, 1908–Order 11, Rule 21, Order 11, Rule 12 & Order 8, Rule 9–Dismissal of suit on account of failure in producing the original documents on record–Appeal against–Allowed–Appreciation of–After the order was passed under order 11, Rule 12, plaintiff-respondent filed the application under Order 8, Rule 9 to summon the original documents which were lying mortgaged with the bank–Till the pendency of application under
Order 8, Rule 9, allowing of application under Order 11, Rule 21 was not justifiable–Plaintiff had already clarified that the original documents were lying with the bank–Held, appellate Court has not committed any error in setting aside the order of trial Court.
