JUDGMENT :

The question came up for consideration is whether it is permissible to invoke the power under Rule 21 of Order XI C.P.C. when there is non-compliance of an order passed under Rule 14. The operative portion of impugned order in I.A.No.10/2022 dated 25/5/2022 is extracted below for reference:

“11. In the result, this application is allowed and the documents of the defendant is struck off and the defendant is placed in the same position as if the defendant had not defended. Respondent/defendant is directed to pay costs of this proceedings to the applicant.”

2. The impugned order is seen passed under Order XI Rule 21 C.P.C., which is extracted below for reference :

“Non-compliance with Order for discovery

(1) Where any party fails to comply with any Order to answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an Order to that effect and an Order may be made on such