Where it appears to the Court that documentary evidence will play an important part in the decision, both parties should, with due regard to the proviso to Order XI, Rule 12, be directed to file affidavits of documents under Order XI, Rules 12 and 13 of the Code. Ten days should ordinarily be sufficient for the purpose. In this connection, the attention of presiding Judges is directed to Rule 21 of Order XI which lays down that where any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and if a defendant, to have his defence, if any, struck out and to be placed in the same position as if he had not defended. This rigorous power should be employed with due regard to the backward state of certain litigants; but this regard should not paralyze the power but soften its application by giving an opportunity to the party in default to put the matter right by a given date.
