AI Overview...
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Possession or Power under Order 11 Rule 21 - This rule pertains to the discovery of documents in a party's possession or power relevant to the case. Courts may order a party to produce documents they have in their possession or control, and failure to comply can lead to consequences such as striking out defenses or adverse inferences. Several cases emphasize that documents must be in the possession or power of the party, and the court's power to order production is invoked when relevant documents are withheld or not produced Peerchand Son of Lt. Udairaj VS Karni Singh Amrawat Son of Late Shri Baijdan - Rajasthan, Hindustan Petroleum Corporation Limited VS Ram Bagh Palace Hotel Private Ltd. - Rajasthan, Ravindra Bal Niketan Samiti, Siker VS Sushila Shrivastava - Rajasthan.
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Scope and Application - Order 11 Rule 21 is typically invoked in exceptional circumstances, especially when a party fails to comply with discovery orders, answer interrogatories, or produce documents. The rule aims to prevent concealment of evidence and ensure fair proceedings. It is also linked with other provisions like Rule 12 and 14, which deal with discovery and production of documents, emphasizing the importance of relevant documents being available for inspection Peerchand Son of Lt. Udairaj VS Karni Singh Amrawat Son of Late Shri Baijdan - Rajasthan, 01700052373, Hindustan Petroleum Corporation Ltd. VS Ram Bagh Palace Hotel Pvt. Ltd. - Current Civil Cases.
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Legal Consequences - Non-compliance with Order 11 Rule 21 can result in the court striking out defenses or drawing adverse inferences against the non-compliant party. Courts have held that the power under Rule 21 should be exercised judiciously and in exceptional cases, primarily when a party refuses to produce documents or answer interrogatories as directed Marwari College VS Md. Salahuddin - Patna, Indore Development Authority, . . . VS Satyapal Anand - Madhya Pradesh.
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Inherent Powers and Limitations - While courts have inherent powers under Section 151 CPC to ensure justice, these powers cannot be exercised arbitrarily and are limited when specific provisions like Order 11 are applicable. The courts stress the importance of following procedural rules strictly and exercising powers at appropriate stages of the proceedings Hindustan Petroleum Corporation Ltd. VS Ram Bagh Palace Hotel Pvt. Ltd. - Current Civil Cases.
Analysis and Conclusion:
Order 11 Rule 21 serves as a crucial procedural tool to compel parties to disclose documents in their possession or control, ensuring transparency and fairness in civil litigation. Its application is confined to exceptional circumstances, primarily to prevent concealment of evidence. Courts emphasize that the power to strike out defenses or take adverse inferences should be exercised cautiously and only when there is non-compliance or concealment, aligning with the principles of fair trial and procedural justice Peerchand Son of Lt. Udairaj VS Karni Singh Amrawat Son of Late Shri Baijdan - Rajasthan, Hindustan Petroleum Corporation Limited VS Ram Bagh Palace Hotel Private Ltd. - Rajasthan, Indore Development Authority, . . . VS Satyapal Anand - Madhya Pradesh.
Search Results for "Order 11 Rule 21 Possession or Power"
2017 0 Supreme(Raj) 1489 • India - Rajasthan
NIRMALJIT KAUR
Code,1908 - Section 151 - Order 11 Rule 12 and 14 - Possession or power - Petitioner-tenant filed his reply denying that rent of ... taken away by respondent-landlord and same were lying in his power and possession and therefore sought direction for production ... 11 Rule 12 and 14 read with Section 151 of civil Procedure code stating that the entries regarding the receipt of the rent were ... The petitioner filed an application un....
2011 0 Supreme(P&H) 790 • India - Punjab and Haryana
RAM CHAND GUPTA
Injunction - Execution Proceedings - Order 21 Rule 32, 11-A of the Code of Civil Procedure - Explanation added to Order 21 Rule ... and the power of the Executing Court to restore possession to the decree-holder. ... decree of injunction, the power of the Executing Court to restore possession to the decree-holder, and the objections raised by the ... By way of amendment, an explanation has been ad....
2012 0 Supreme(Pat) 1142 • India - Patna
JYOTI SARAN
Order 11 Rule 21 - Interrogatories - Court quashed order striking defense under Order 11 Rule 21 of the Code of Civil Procedure ... Ratio Decidendi: The Court held that the power under Order 11 Rule 21 should be exercised in exceptional circumstances and ... Issues: The main issue was whether the Court's exercise of power un....
2016 0 Supreme(Del) 289 • India - Delhi
BADAR DURREZ AHMED, SANJEEV SACHDEVA
- Maintainability of - Documents are very much in the power and possession of the appellant and he has been directed to produce ... not covered within the ambit of rule 21 - An order for production under order 11 rule 14 CPC does not decide or affect any vital ... and valuable rights of the parties or decide matters of moment - Prior to passing any order under order 11 rule #HL_S....
2022 0 Supreme(Ker) 672 • India - Kerala
P. SOMARAJAN
Civil Procedure Code, 1908 - Rule 11, 12, 14, 18, 21 Order XI - Appeal - Non-compliance with Order for Discovery ... Rule 14 - When document is found in the possession of opposite party or under his power, an adverse inference can be drawn in proper ... - Whether it is permissible to invoke power under Rule 21 of Order XI C.P.C. when there is non-compliance of an order#....
1999 0 Supreme(MP) 666 • India - Madhya Pradesh
J.G.CHITRE
ORDER 11 RULE 21 - DISCOVERY OF DOCUMENTS - DEFAULT - STRIKE OUT OF DEFENCE - LEGALITY - Held that the trial court was justified ... The court noted that the provisions of Order 11, Rule 21 of the Code of Civil Procedure (CPC) are important and are to be used at ... Whether the provisions of Order 11, Rule 21 of the CPC are important and are to be used at the appropriate stage fo....
2013 0 Supreme(Raj) 462 • India - Rajasthan
BELA M.TRIVEDI
under Order 11 Rule 21. ... 11 Rule 21. ... . seeking production of documents allegedly in the possession of the defendant. ... his possession or power, relating to any matter in question therein. ... And as to the documents which are not, but have been in his possession or power, he must state what has become of them and in whose possession they are, in #HL_STA....
• India - Current Civil Cases
BELA M.TRIVEDI
Civil Procedure Code, 1908—Order XI Rule 21 read with Section 151—Striking off defence of defendant—Defence of defendant could be ... struck out under Rule 21 only when party fails to comply with order of Court to answer interrogatories or for discovery or inspection ... Rule 21 also would not arise—Inherent powers of court under Section 151 could not be exercised when specific provisions are contained ... his possession or #HL_STAR....
2014 0 Supreme(Bom) 440 • India - Bombay
R.D.DHANUKA
Civil Procedure Code, 1908 - Order XI, Rule 12 Discovery/production of documents. - Court has to consider, before passing an order ... Court has to consider before passing an order for discovery of documents about the relevancy of such documents with regard to dispute ... Order 11, Rule 12 provides: ... 12. ... When the Court makes an order for discovery under the rule, the opposite party is bound to make an affidavit of documents ....
1987 0 Supreme(Raj) 219 • India - Rajasthan
D.L.MEHTA
Civil P.C., O. 11, R. 14—Production of documents - Affidavit has to be filed with an application for production of documents—Appendix-C ... Order 11 Rule 12 provides that any party may apply to the court for directing any other party to a suit to make discovery on oath of the documents which are or have been in his possession or power relating to any matter in question therein. ... Chadha that it is necessary to file affidevit to show that the documents are in his possession#....
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