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---Consequence of noncompliance with an order of the Court directing for answers to the interrogatories, discovery or inspection is grave which is why the law is settled on this point that penal provisions should be strictly construed and used with caution where circumstances mandate the same---What the Court is essentially looking for under Order XI, Rule 21, C.P.C. is a default on the part of the plaintiff or defendant to comply with its order to file its answer to the interrogatories or for discovery, or for inspection of documents---Test to ascertain whether there has been a default in compliance with an order of the Court is to see whether such default was done willfully---Act of being willful means that it is done deliberately and intentionally and cannot be something that is done by accident or inadvertently or for reasons beyond the control of the party---Essentially, it goes directly to the conduct of a person with reference to the order for filing the answers to interrogatories, or for discovery or inspection and the intent behind such conduct.

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