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...May 23, 1967 striking out the defence of the defendant under Order XI,, Rule 21 read with Section 151 of the Civil Procedure Code, 1908 and directing that the defendant cannot be permitted to cross...that he should apply under Order XI, Rule 21 to strike out the defence of the defendant. On March 31, 1967, the plaintiff accordingly made an application under Order XI, Rule 21 ....9. On May 23, 1967, the trial court passed an order under Order XI, Rule 21 striking out the defence of the defendant stating that he was placed in the same position as if he ha...
...out a Notice of Motion for dismissal of the appellant's suit under Order XI, Rule 21 of the Code of Civil Procedure. The learned Single Judge who heard the motion noticed the...stating that documents were not in its possession. In these circumstances, the learned Single Judge was constrained to dismiss the suit under Order XI, Rule 21 of the Code of Civil...Procedure. Order XI, Rule 21 reads as follows:“21. Non-compliance with order for discovery.- (1) Where any party fails to comply with | any order to answer interrog...
...Anand Byrareddy, J.:—The present appeal is filed against an order passed by the Trial Court under Order XI Rule 21 of the Code of Civil Procedure, 1908 (hereinafter referred...statement and objections to the interlocutory application filed by the respondent. It transpires that the respondent had issued a notice purportedly under Order XI Rule 1 CPC calling upon the appe...the ground that the appellant had failed to respondent to the notice under Order XI Rule 1 CPC. The Trial Court, after referring to the judgment of the Supreme Court in the case of Babbar ...
...Order XI, Rule 21, Code of Civil Procedure, has been dismissed.2. It appears that opposite party No. 1. The Banaras State Bank Ltd., (hereinafter referred to...under Order XI, Rule 21 as the plaintiff Bank had not produced all the documents before the Court in compliance of its order dated 16-12-89.9.... Order XI, Rule 21 of the Code of Civil Procedure provides as under:—“Order XI, Rule 21—Non-compliance wit...
...I.A No. 895/2013 (by Defendant Nos. 1 to 3 u/Order XI Rule 21 CPC)1. By this application under Order XI Rule ...and circumstances of the case, passed an order striking out the defence of the defendant under Order XI, Rule 21 and that the High Court should have declined to set it aside.... The penalty imposed by Order XI, Rule 21 is of a highly penal nature, and ought only to be used in extreme cases, and should in no way be imposed unless there is a clear...
...1. It is correct of the defendant applicant to say that the trial Court was not justified in striking out the defence under Order XI, Rule 21. The Court directed production of bahi khaias...non-compliance with an order served on a defendant for the production only of documents under Rule 14, of Order XI, of the Civil Procedure Code does not warrant the striking out of the de...by the defendant, and the bahikhatas were not produced. This order could not have been passed under Rule 15, because the defendant himself had not made any reference to any bahi khata in his...
..., purporting to do so under the provisions of order XI, rule 21. The lower appellate court confirmed the decree of the court of first instance. On the real merits of the case we do not feel much...XI, rule 21. Just in the same way after a party has admitted the possession of a document, the court can make an order for inspection, and if the court's order is disobeyed, the party complaining of...the disobedience can apply for the enforcement of the order according to the provisions of order XI, rule 21. In the present case there was no order for discovery or inspection. We may point out t...
...order dated 04/11/99 was set aside. It was prayed that the suit be dismissed. In the said suit an application was filed by the appellants under Order XI Rule 21 CPC...respondents from time to time and lastly an application was filed by the appellants under Order XI Rule 21 CPC for striking out the defence of the respondents, which was dismissed...by the learned Court below with a direction that the respondents shall suffer the consequences, against which present appeal has been filed.Provision of Order XI Rule 21 CPC...
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...trial court whereby the suit of the plaintiff-appellant was dismissed for non-production of documents under Order XI Rule 21 of the Code of Civil Procedure.2. The facts giving the rise...date when action was taken under Order XI Rule 21 of the Civil Procedure Code. The order of the trial court in dismissing the entire plaint for nonprosecution was thus an error of jurisdiction and was...appellant to produce certain documents. The court passed the necessary orders requiring the plaintiff to produce documents for inspection under Rule 20 of Order XI. Since there was non-compliance of the...
...Mahajan, AIR 1978 Supreme Court 1436 (1) in which the scope of Order 11 rule 21 C.P.C was considered by the Hon'ble Supreme Court. It was observed in para 11 thereof as follo...whether the default is wilful. In the case of a plaintiff is entails in the dismissal of the suit and, therefore, an order for dismissal ought not to be made under Order XI Rule 21 C.P.C.... . . . . . . . . . . . .”It was similarly observed in para 15 thereof as follows:“It is settled that the stringent provisions of Order XI Rule ...
...15.04.2014, under Order XI Rule 21 of CPC, for striking out the defence put forth to M.C No. 1018/2012, on the ground that the husband has wilfully failed to comply with the....6. Perused the writ record. The point for consideration is, whether the Family Court was justified in striking out the defence, under Order XI Rule 21 of CPC?7. Two separate orders...the defence of the defendant, under Order XI Rule 21 of CPC, Apex Court has held as follows:“11. It is a travesty of justice that the trial court should have...
...material allegations raised in the suit. The said suit is at the stage of recording evidence and at this stage the plaintiff has filed an application under Order XI, Rule 21 of the...application under Order XI,. Rule 21 of the C.P.C the plaintiff has called for the documents which have been indicated in the seizure list showing the xerox copies of these documents...stage of recording further evidence under the provision of Order XI, Rule 21 of the C.P.C This, in my view, is not permissible. So far as allowing the application under...
...petition challenging the order passed by the trial Court rejecting the application filed by the petitioner under Order XI Rule 21 of the Code of Civil Procedure praying for striking off the defence of the...an application under Order XI Rule 21 of the
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Code of Civil Procedure (Exh.28) praying that the defence of....25 on 13thFebruary, 2003 and as per the provisions
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of the order XI Rule 21 of the Code of Civil Procedure...
...defendant, first respondent moved an application purportedly under Order XI Rule 21 of CPC praying the trial Court to strike off the defence of first defendant in O.S No. 83 of..., having regard to the core question as to whether it is competent for the trial Court to strike off the defence under Order XI Rule 21 of CPC without there being an order...consequences which can neither be dismissal of the suit or striking off the defence. That is the final stage, which is provided under Order XI Rule 21 of CPC, which reads as under...
...Class II, Gwalior by which the application under Order XI Rule 21 of the Civil Procedure Code (for brevity 'CPC') filed by the present applicants/defendants has been dismissed...being dissatisfied with the steps taken by the respondent/plaintiff, in compliance of the order dated 7.5.16 passed by the trial Court, an application under Order XI Rule 21 of...the scope of Order XI Rule -( 5 )- Civil Revision No.114/2016 12 of CPC. Consequently, it was contended that the trial Court has not committed any error in rejecting the application under xi ...
...been allowed and the suit filed by the petitioner has been dismissed under provisions of Order XI Rule 21 of the Code. 3. The facts relevant for...provisions of Order XI Rule 21 read with Rule 14 of the Code (Exhibit89). As per this application, the defendants called upon the plaintiff to produce eight documents which accor...Order XI Rule 21 of the Code (Exhibit99). In the said application, it was stated that though the trial Court had passed an order on 2162012 directing production of the said documents, a vague...
...Pranab Kumar Deb, J.:— The Court: The application filed by the defendant for dismissal of the suit in terms of Order XI, Rule 21 CPC and for stay for other...this suit for want of prosecution as provided in Order XI, Rule 21 CPC.Challenging the contentions of the petitioner/defendant that the order of the Court has...provided in Order XI Rule 21, whenever party fails to comply with any order relating to inspection of documents, he shall, if a plaintiff, be liable to have the suit dismissed fo...
...application at Exhibit18, a notice to produce certain original documents was given to the defendant. As per application at Exhibit19, discovery of documents under Order XI Rule 10 of the Code of Civil Proc...passed an order below Exhibit1 and struck off the pleadings of the defendant. This has been done in exercise of powers under provisions of Order XI Rule 21 of the Code. SA520.17.odt...4/6 7. As per the provisions of Order XI Rule 21 of the Code, the party failing to comply with any order, if a defendant is liable to have the...
...Senior Civil Judge and Chief Judicial Magistrate, Karwar, Uttar Kannada1, whereunder I.A.No.6 filed by respondent/plaintiff under Order XI Rule 21 read with...produce the documents and supply a copy of the same to the plaintiff. Subsequently, the plaintiff filed IA.No.6 under Order XI Rule 21 read with Section 151 of the CPC to strike out the defence of...not having been complied with and the wording in Order XI Rule 21 of the CPC being clear, the same having been adequately
5 (1978) 4...