Case Note & Summary
The respondent (original plaintiff) filed a suit for recovery of Rs.1,33,303/- for water supply services rendered to the Akola Municipal Corporation. The trial court partly decreed the suit, and the first appeal was dismissed. In the second appeal, the appellant (original defendant) challenged the trial court's order striking off its defence under Order XI Rule 21 CPC for non-compliance with discovery orders. The High Court found that the trial court had directed the defendant to discover documents on 22-10-2010, but on 11-11-2010, without any further notice or hearing, struck off the defence. The High Court held that such an order must be passed only after giving reasonable opportunity to the party, and the failure to do so vitiated the proceedings. Consequently, the second appeal was allowed, the impugned judgment and decree were set aside, and the matter was remanded to the trial court for fresh decision after giving the defendant an opportunity to comply with the discovery orders.
Headnote
A) Civil Procedure - Discovery and Inspection - Order XI Rule 21 CPC - Striking off defence - The trial court struck off the defendant's defence for non-compliance with discovery orders without granting reasonable opportunity - Held that the order was passed without notice or hearing, violating principles of natural justice - The decree and judgment were set aside and the matter remanded for fresh consideration (Paras 1-8).
Issue of Consideration
Whether the order passed by the trial Court below Exhibit 1 in exercise of powers under Order XI Rule 21 of the Code of Civil Procedure, 1908 is after giving reasonable opportunity to the defendant?
Final Decision
Second appeal allowed. Impugned judgment and decree set aside. Matter remanded to trial court for fresh decision after giving the defendant an opportunity to comply with the discovery orders and to file say on the applications.
Law Points
- Order XI Rule 21 CPC requires reasonable opportunity before striking off defence
- striking off defence without notice or hearing is illegal
- appellate court must consider challenge to such order even if not formally raised
