In an ordinary civil suit, the court dismisses the plaintiff's suit under Order XI Rule 21(1) of the Code of Civil Procedure, 1908 for failure to comply with a discovery order. While the dismissal…
Question and options
In an ordinary civil suit, the court dismisses the plaintiff's suit under Order XI Rule 21(1) of the Code of Civil Procedure, 1908 for failure to comply with a discovery order. While the dismissal stands, may the plaintiff bring a fresh suit on the same cause of action?
Yes, the plaintiff may refile as of right.
Yes, the plaintiff may refile with leave granted by a different court.
No, the plaintiff is barred from suing again on it.
Yes, the plaintiff may refile after simply complying with the discovery order.
Answer and explanation
Under Order XI rule 21(1) of the Code of Civil Procedure, 1908, a plaintiff who fails to comply with an order for discovery is liable to have the suit dismissed for want of prosecution. Rule 21(2) provides that where a suit is so dismissed, the plaintiff is precluded from bringing a fresh suit on the same cause of action. Later compliance with the discovery order or leave from another court does not lift that bar while the dismissal stands.
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