On dismissal of the suit for non-compliance with an order for discovery under Order XI, Rule 21 of CPC

Option A: the plaintiff can bring a fresh suit on the same cause of action as a matter of right

Option B: the plaintiff can bring a fresh suit on the same cause of action only with the leave of the court.

Option C: the plaintiff is precluded from bringing any fresh suit on the same cause of action.

Option D: the plaintiff can bring a fresh suit on the same cause of action only if the court dismissing the suit has granted liberty to file a fresh suit

Correct Answer

Option: c

Explanation

In the case of a plaintiff, it entails in the dismissal of the suit and, therefore, an order for dismissal ought not be made under order XT, rule 21, unless the court is satisfied that the plaintiff was willfully withholding information by refusing to answer interrogatories or by withholding the documents which he sought to discover. In such an event, the plaintiff must take the consequence of having his claim dismissed due to his default, i.e. by suppression of information which he was bound to give

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