The power of dismissal of a suit or striking out of defence under Order XI, Rule 21 of CPC should be…
Courts, as in Babbar Sewing Machine Co v Trilok Nath Mahajan, hold that the drastic power to dismiss a suit or strike out a defence under Order XI Rule 21 CPC is exercised…
Choose your answer
The power of dismissal of a suit or striking out of defence under Order XI, Rule 21
of CPC should be exercised
Answer and explanation
Correct answer A
Courts, as in Babbar Sewing Machine Co v Trilok Nath Mahajan, hold that the drastic power to dismiss a suit or strike out a defence under Order XI Rule 21 CPC is exercised only where there is obstinacy, contumacy or a wilful attempt to disregard the court's order, not for mere default.
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