Law: Code Of Civil Procedure, 1908.

Section: XI,XLVII

Law: Constitution of Pakistan, 1973

Section: 188

Summary The document concerns whether the trial court was right to strike out the petitioner’s defence for not filing replies to interrogatories under Order XI Rule 21 CPC. The key holding is that this penal power should be used only where there is a clear, willful default; because the petitioner had a medical emergency and the court had earlier accepted that excuse, the defence should not have been struck out. Core points The dispute arose from a defamation suit in which the petitioner’s defence was struck out for not replying to interrogatories. Order XI Rule 21 CPC is a penal provision and must be applied strictly. To use it, there must be: a court order requiring compliance, and a willful failure to comply. The court found no willful disobedience because the petitioner had been hospitalized after a shooting incident. Earlier adjournments and delays existed, but they could not override the immediate medical inability on the relevant date. The trial court should have considered less severe options, such as costs, instead of striking out the defence. The order striking out the defence was therefore treated as too harsh and mechanically passed. The matter was remanded to the trial court to allow the petitioner a reasonable opportunity to file replies. Law and section Law / Provision Main rule / effect Relevance in this case Order XI Rule 21 CPC If a party fails to comply with an order to answer interrogatories, or for discovery/inspection, the plaintiff’s suit may be dismissed or the defendant’s defence struck out. This was the provision used to strike out the petitioner’s defence. Order XI Rule 21 CPC It is penal in nature and must be applied cautiously. The court said it should not be used mechanically. Order XI Rule 21 CPC Non-compliance must be willful, deliberate, and contumacious. The court held the petitioner’s default was not willful because of hospitalization and injury. Article 188 Constitution of Pakistan Supreme Court may review its judgments subject to law and rules. The review petition was entertained under this power. Order XLVII Rule 1 CPC principles Review lies for error apparent, new evidence, or other…