IMRAN AHMAD KHAN NIAZI vs Main MUHAMMAD SHAHBAZ SHARIF O — 2023 SCMR 636 SUPREME-COURT

Case information

Citation: 2023 SCMR 636 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: IMRAN AHMAD KHAN NIAZI vs Main MUHAMMAD SHAHBAZ SHARIF O
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IMRAN AHMAD KHAN NIAZI VS Main MUHAMMAD SHAHBAZ SHARIF O. XI, R. 21---Party failing to comply with any order to answer interrogatories, or for discovery or inspection of documents---Effect---Conduct of party---Scope---Conduct of a party is material for the purpose of exercising the court's discretion under Rule 21 of Order XI, C.P.C.: the court takes the penal action of dismissing the suit of the plaintiff or striking out the defence of the defendant when the party concerned is guilty of contumacious conduct by disregarding the specific order of the court, for compliance of which the court has granted a reasonable time and a sufficient opportunity---However, it is not only a deliberate failure to comply with a specific order of the court by a party that is regarded as his contumacious conduct but a series of separate inordinate delays caused by him at different stages of the proceedings of the case is also a convincing proof of such conduct.

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