SM 1 20.ao.1145.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1145 OF 2011 Smt. Pranita Prakash Navge ....Appellant. Versus Shri. Vishnu Gopal Parardkar ....Respondent. ____________ Mrs. P. P. Naidu for the Appellant. Mr. Anil S. Gawas for the Respondent. CORAM: R. M. BORDE, J. DATED : OCTOBER 19, 2011. P.C.: The appellant tendered a Notice of Motion requesting the court to grant following prayers: (a) That suit No. 43 of 2010 filed by the Plaintiff against the Defendant be dismissed for non- compliance of the provisions of Order 11 rule 21 of C.P.C. 1908 for not giving the inspection of documents relied upon by the Plaintiff or demanded by the Defendant letter dated 21.01.2011 being annexure mentioned in the plaint and relied by the Plaintiff as a list of documents. (b) Pending the hearing and final disposal of this Notice of Motion taken out by the Defendant, further hearing of the proceeding in Notice of Motion No. of 2011 in S.C. Suit No. 43 of 2919 be stayed. The court has rejected the application tendered by the appellant. In order to attract Rule 21 of Order XI, there shall be an order directing the parties to comply with certain directions as regards the inspection of documents . Rule 21 of Order XI reads thus: “21. Non-compliance with the order for discovery.- [(1)] Where any party fails to comply with any order to answer interrogatories, or for discovery or SM 2 20.ao.1145.11 inspection fo documents, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have hos defence, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect, and [an order may be made on such appliction accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard.] [(2) Where an order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded from bringing a fresh suit on the same cause of action.]” Since there is no order as contemplated, which is a pre- requisite for invoking Rule 21 of Order XI, the Trial Court was justified in turning down the application. Rule 21 in fact is not attracted in the instant matter. As such, Appeal from Order is not maintainable. Appeal from Order stands dismissed. If permissible, the appellant shall tender an appropriate application seeking interrogatory or for discovery or inspection of documents and the court may consider such an application if presented. (R. M. BORDE, J.)