Non-compliance with order for discovery
Discovery and Inspection, in the First Schedule to The Code of Civil Procedure, 1908
1 [(1)] 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, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect and 2 [an order may be made on such application accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard.]
3 [(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.]
1. Rule 21 renumbered as sub-rule (1) by s. 61. ibid (w.e.f. 1-2-19.77).
2. Subs. by Act 104 of 1976, s. 61, for "an order may be made accordingly" (w.e.f. 1-2-1977).
3. Ins. by s. 61, ibid. (w.e.f. 1-2-1977).
How this Rule is cited
It is written both ways, and both mean this Rule: Order XI Rule 21 CPC and Order 11 Rule 21 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 11 Rule 21 CPC, Order XI Rule 21 CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.