Interrogatories Not Answered-- Striking off Defence -- Dismissal of Plaint -- Scope confined to non-compliance with orders under Order 11 Rule 21 CPC
Civil Procedure Code, 1908, O.11 R.21 -- Discovery and Inspection -- Striking off Defence -- Dismissal of Plaint -- Scope and Applicability -- O.11 R.21 CPC is confined to cases of failure to comply with an order to answer interrogatories, make discovery of documents, or permit inspection -- It is only upon non-compliance with such orders that striking off of defence or dismissal of plaint would arise -- O.11 R.21(1) cannot be invoked on the ground of non-compliance of an order under O.11 R.14, as the provision does not extend to such cases -- O.11 R.21(1) cannot be invoked by defendants unless they demonstrate that an order was passed under O.11 R.12 and that there has been non-compliance thereof -- Powers under O.11 R.21(1) for dismissal of a suit cannot be exercised unless wilful default, obstinacy, or contumacy on the part of the concerned party is clearly established.
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