Rule 8 of CPC : Rule 8: Consequences of non-compliance with orders.

Explanation using Example

Example 1:

Scenario: Rajesh files a civil suit against his neighbor, Suresh, for encroaching on his property. The court schedules a Case Management Hearing and orders both parties to submit their evidence and witness lists by a specific date.

Non-compliance: Suresh fails to submit his evidence and witness list by the deadline.

Court's Action:

• The court may condone Suresh's non-compliance by ordering him to pay a fine (costs) to the court.
• If Suresh repeatedly fails to comply, the court may foreclose his right to file affidavits, conduct cross-examination of Rajesh's witnesses, or make further arguments in the trial.
• If Suresh's non-compliance is wilful and repeated, and the fine is not sufficient to ensure compliance, the court may dismiss Suresh's defense and allow Rajesh's suit.

Example 2:

Scenario: Priya files a lawsuit against a construction company for breach of contract. During the Case Management Hearing, the court orders the construction company to provide detailed project reports and financial statements within two weeks.

Non-compliance: The construction company does not provide the required documents within the stipulated time.

Court's Action:

• The court may condone the company's non-compliance by imposing a monetary penalty (costs) on the company.
• If the company continues to ignore the court's orders, the court may prevent the company from submitting any further evidence, cross-examining Priya's witnesses, or presenting oral arguments.
• If the company's non-compliance is deliberate and persistent, and fines are not effective, the court may dismiss the company's defense and rule in favor of Priya.

Example 3:

Scenario: Anil sues a car dealership for selling him a defective vehicle. The court orders both parties to exchange all relevant documents and schedule depositions of key witnesses within a month.

Non-compliance: The car dealership fails to schedule the depositions and does not provide the requested documents.

Court's Action:

• The court may allow the dealership to rectify the non-compliance by paying a fine (costs) to the court.
• If the dealership continues to ignore the court's orders, the court may restrict the dealership from filing any further affidavits, conducting cross-examinations, or making additional arguments.
• If the dealership's non-compliance is intentional and ongoing, and fines are insufficient, the court may dismiss the dealership's defense and grant judgment in favor of Anil.