mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1797 of 2007 IN SUIT NO. 1998 of 2005 Mr.K.Premsing Verma .. Plaintiff versus Union of India & Anr. .. Defendants ... Mr.K. Premsinh Verma plaintiff in person. Mr.S.R. Rajguru for defendant. CORAM : D.G.KARNIK, J DATED : 21st April 2008 P.C.: 1. Heard plaintiff appearing in person and learned counsel for the defendant. 2. By this Chamber Summons, plaintiff prays for striking out of the defence of the defendant for non giving the inspection of the original documents. Plaintiff submits that the defence can be struck off under Order 11 Rule 21 of the Code of Civil Procedure. Order 11 Rule 21 provides that when a defendant fails to comply with the order to answer interrogatories or discovery or inspection of the documents, his defence can be struck off. The plaintiff was unable to point out to me any order passed by the court directing the defendant to give inspection. In the circumstances, Order 11 Rule 21 in terms does not apply. 3. In the alternative, plaintiff has prayed that defendant be directed to file reply for non production of the documents for the plaintiff’s inspection. In paragraph no.10 of the affidavit in reply, the defendants have stated that they do not have any documents in their possession other than file nos.1 to 4 of which inspection has been taken by the plaintiff. Since the defendant have stated on affidavit that they do not have any documents other than contained in file nos.1 to 4 and inspection thereof given by the defendants, there is no question of giving any further direction to the defendants to give inspection of any other documents. The defendants cannot give inspection of documents which are not in their possession. In the circumstances, there is no merit in the Chamber Summons which is hereby dismissed. (D.G. KARNIK, J)