Regarding disobedience of court orders
Querist :
Anonymous
(Querist) 26 May 2011
This query is : Resolved
Sir,
In a property suit relating to possession and damages, the plaintiff although filed the above suit against his own blood related daughter and son-in-law merely by attaching a photostat copy of will of 18 years back on a plain paper which is unregistered. When the defendants under the provision of CPC has requested to direct the plaintiff to submit the original will and other original documents, the plaintiff on one pretext or the other not submitting these documents despite repeated court order and paying adjournment cost to the defendants. Under the above circumstances, can the defendants under CPC rules request the concerned court to dismiss the above suit under Rule.21 CPC or any other relevant provision. Please also refer judgements on the same matter delivered by higher courts.
Guest
(Expert) 27 May 2011
file a petition to strike out the pleadings/defence under order XI rule 21 of C.P.C.
