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