Civil Procedure Code, 1908, Order 11, Rule 21 -- Provision of O.11.R.21 CPC confines its applicability within the four corners i.e., failure of a party to comply with any order to : (i) answer interrogatories; (ii) make discovery of documents; and (iii) permit inspection of documents - Only in such eventualities question of striking out defence in case of defendants or..........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Applicability of provision U.O.11.R.21(1) CPC - Proceeding cannot be initiated U.O.11.R.21(1) CPC in case of non-compliance of order passed U.O.11.R.14 CPC...........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Applicability of provision of O.11.R.21(1) CPC - Until and unless defendants were in a position to show that there was an order passed U.O.11.R.12 CPC and there was non-compliance thereof, provision of O.11.R.21(1) CPC could not have been invoked by defendants...........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Dismissal of suit U.O.11.R.21(1) CPC - Until and unless wilful default and obstinacy or contumacy is shown, powers U.O.11.R.21(1) CPC cannot be exercised by Court...........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Failure to comply with direction to answer interrogatories or for discovery or inspection of document - Power U.O.11.R.21 CPC is to be invoked only in three situations enumerated U.O.11.Rr.2, 12, 15 CPC and cannot be invoked in any other context...........
Civil Procedure Code, 1908, Order 16, Rule 6, Civil Procedure Code, 1908, Order 11, Rule 21 -- Willful and deliberate default to comply with direction issued U.O.16.R.6 CPC - Held, trial Court is not empowered to invoke jurisdiction to strike out defence U.O.11.R.21 CPC - Court has no other alternative than to adjudicate on issues, as if documents were no, existent...........
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Section 151 -- Production of documents - Non-compliance of order - Court is not empowered, either U.O.11.R.21 or S.151 CPC to strike out defence or dismiss suit...........
Civil Procedure Code, 1908, Order 11, Rule 21, 12 -- Non compliance of order passed U.O.11.R.12 - Does not entail dismissal of plaintiff's suit or striking out defendant's defence...........
Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Order 11, Rule 14, Evidence Act, 1872, Section 114 -- Striking out defence - On ground of no, compliance with order for discovery of documents - Suit for eviction - Held, for no, production of document or withholding material evidence, at the most an adverse inference can be drawn as per S.114,..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Dismissal of suit U.O.11.R.21 CPC - Provision is directory and not mandatory - Dismissal of suit is to be only as a last resort when conduct of a party is either in wilful breach or contumacious - While considering whether conduct is wilful attempt to disregard order of Court resulting the trial of suit being arrested, the..........
