...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 to as ‘CPC’ for...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 appellant to produce documents mentioned in the said notice. The defendant had not responded to the notice. Hence, the respondent had moved the Trial Court for an order under Order XI Rule 21 CPC...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 Sewing Machine Co. v. Tirlok Nathmahajan . 1978 4 SCC 188 has held that the principle governing exercise of discretion of the Court under Order XI Rule 21 CPC...

...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, whereby...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 reads...

...dated 26.03.2018 passed by the learned IV Addl. City Civil & Sessions Judge, Bengaluru, in O.S.No.25469/2015, in rejecting IA-IV/2017 filed under Order XI Rule 21 CPC and...SEWING MACHINE CO. VS TIRLOK NATH MAHAJAN AIR 1978 SC 1436, wherein the Apex Court has made the following observation exactly on the point under Order XI Rule 21 CPC, which...information which he was bound to give. In the case of the defendant, he is visited with the penalty that his defence is 6. Though the said provision under Order XI Rule 21 CPC does...

...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 for...

...the said documents. In the circumstances, the defence of the respondents in the written statement is liable to be struck off as per Order XI Rule 21 CPC.4...filing of the documents. The present application filed under Order XI Rule 21 CPC is not maintainable. The application under Order XI Rule 21 CPC can..., adverse inference can be drawn against the respondents. Order XI Rule 21 CPC can be invoked only if there is an order under Order XI Rule 12 CPC...

...Judge and J.M.F.C., Mysuru is directed against the impugned order dated 05.08.2023 passed on I.A.No.15, whereby the application filed by respondent No.1 - plaintiff under Order XI Rule 21 CPC., seeking...instant case, it would be profitable to extract Order XI Rule 21 of CPC, which states as under; "21. Non- compliance with order for discovery. - 2[(1)] Where any party...shall be precluded from bringing a fresh suit on the same cause of action.]" 5. A plain reading of Order XI Rule 21 of CPC., is sufficient to come to the conclusion that...

...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 21 CPC the.... 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 failure to comply with the obligations laid down in the rule.12. Order XI, Rule 21 of the CPC reads...that effect, and an order may be made accordingly.”13. Section 136 of the CPC, 1882, corresponding to Order XI, Rule 21 of the C.P.C 1908, was based upon...

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...application invoking the power under Order XI Rule 21 CPC for dismissal of the suit. That was allowed. Hence the appeal.2. The judgment under appeal, F.A.O No...against the order dated 15-10-2008 in I.A No. 3213/2008. As per the order in the interlocutory application, an application filed under Order XI Rule 21 was allowed. The suit.... 276/2008, is the consequential order dismissing the suit.3. Heard Sri. Firoz, learned counsel appearing for the appellant, Sri. Dandapani, learned senior counsel appearing for...

...to prevent the abuse of the process of the Court. The scope and ambit of Order XI Rule 41 and Order XI Rule 21 CPC have been subject of discussion in various judgments and the detailed deliberation...not maintainable" 19. Thus, the bare perusal of this judgment would make it clear that non- compliance of Order XI Rule 14 CPC cannot be followed with the dismissal of the suit or striking off a defense. It has also been made clear that an order under Order XI Rule 21 CPC...documents. 20. It is also pertinent to mention here, that the Order under Order XI Rule 14 CPC does not decide or affect any vital and valuable right of the parties. It is also pertinent to mention here that an order for striking off defence under Order XI Rule 21 CPC...

... 1. An application under Order XI Rule 21 Read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been filed on behalf of the...the Discovery Order dated 26thSeptember, 2019 and therefore the present suit is liable to be dismissed under Order XI Rule 21 CPC with cost. 13. The...for production of documents was made. The Order dated 26.09.2019 therefore, cannot be deemed to be an Order for discovery of documents under Order XI Rule 12 CPC or an Order of inspection of Documents under Order XI Rule 18 CPC and the harsh and penal 5 consequences provided under Order XI Rule 21 CPC...

...application filed by the respondents/defendants under Order XI Rule 21(1) CPC was allowed and the suit was dismissed on the ground of alleged non-compliance, of the order dated 23.03.2006 passed by...an application under Order XI Rule 21 CPC, on 08.01.2008 asserting that since the appellants had failed to comply with the order dated 23.03.2006, the suit filed by the appellants deserved to be...while filing the application in question. The appellants filed a reply on 01.03.2008 to the above-mentioned application and submitted that the provisions of Order XI Rule 21 CPC were not applicable and...

...(1stsupra), the factual scenario was that the plaintiff obtained an order under Order XI Rule 21 CPC against the defendant to produce certain documents and the defendant failed to comply the said order and...accordingly the trial Court passed an order on 23.05.1967 under Order XI Rule 21 CPC striking out the defence of the defendant with an observation that he was placed in the same position as if he had...Hon'ble Apex Court wherein the Hon'ble Apex Court looking into the factual background held that there was no willful default on the part of the defendant for non-compliance of the order under Order XI Rule 21 CPC requiring...

....20. Since in the instant case it was an order for production of documents in Court on an application made by the revisionist under Order XI, Rule 14 CPC, the trial Court was fully justified in not dismissing the suit under Order XI, Rule 21 CPC...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...

...action in accordance with the provisions of Order XI Rule 21 CPC which reads as under :-“21. Non-compliance with order for discovery - (1) Where any party...) 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.”From...direction or undertaking then no further contempt could be made and the action could be taken under the relevant provisions of law providing consequence for beach of such rule order or undertaking. The...

.... 24801/2015 (By defendant - Under Order XI Rule 21 read with Section 151 CPC 1908 for dismissal of suit for non-compliance of order dated 01.10.2011...) 1. The application bearing I.A. 24801/2015 has been filed by the defendant no. 1 under Order XI Rule 21 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC"), seeking dismissal of the.... 17. However, as the plaintiff did not comply with the aforesaid order despite the withdrawal of the appeal, defendant no. 1 preferred the present I.A. No. 24801/2015 under Order XI Rule 21 of CPC, praying...

...those documents were not originals but spurious, the respondents filed A. No. 4738/82 under Order XI Rule 21 CPC to dismiss A. No. 165/81 for non-compliance with the order for...with the suit.(c) The respondents on appearance filed Application No. 6571 of 1994 under Order VII Rule 11 of CPC to reject the plaint alleging that it did not...that the order under challenge has been made in contravention of the provisions of Order VII Rule 11 CPC and the well established principles laid down by the Apex Court...

...defendant. Reference was also made to the provisions of Order VI, Rule 14(a) Sub-rule 5, Order VIII, Rule 10, Order XI, Rule 21 and Order XXXVIII, Rule 5, CPC. Referring to...and made specific provisions viz. Order VI Rule 16, Order VIII, Rule 10, Order XII, Rule 21 and Order XVI, Rule 20, CPC etc. The Court further held that inherent powers could not be exercised so as extend the penal provisions as given in Order XI, Rule...context the learned Counsel had taken us through Order IX, Rule 12, Order X, Rule 4. Order XI, Rule 21, Order XVI, Rule 20 and Order XVIII, Rules 2 and 3 of the Code. No...

...Order XI Rule 1 CPC will lead to some consequences, as mentioned in Order XI Rule 21 CPC, which reads as follows: 21. Non-compliance...the revision petitioner drew the attention of this Court to Order XI CPC and some decisions in support of his contention. Order XI Rule 1 CPC reads as follows.... Sohayal AIR 1977 Pat. 233, wherein Order XI Rule 1 CPC was considered and the Court observed as follows: The main object of interrogatories is to save...

...the suit or striking off the defence. That is the final stage, which is provided under Order XI Rule 21 CPC, which reads as under. Order XI Rule 21. Non...Koduri Krishna Rao v. State Of Andhra Pradesh, dealing with Order XI Rule 21 of CPC a Division Bench of this Court held that the trial Court can invoke penal...interrogatories, the plaintiff or the defendant who obtained leave of the Court to serve interrogatories has to again file another application under Order XI Rule 11 of CPC. Such...