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SULTANA OAMAR versus RASULAN


Effect of CPC Discovery and Inspection OXI's Failure to Present Civil Procedure Code Order XII, Rr11, 12, 14, 18 and 21 on OXI, R 14, CPC, filed by Plaintiff / Applicant, CPC Instructed the plaintiff / defendant to present some documents. , But the plaintiff failed to comply with the direction of the court, at the request of the defendants filed under O'Lean, R21, the CPC court dismissed the plaintiff's claim for non-submission of documents, the trial case On filing an appeal against the expulsion order, the appellate court set aside its order. At the trial it was claimed that the plaintiff's failure to comply with the order of preparation of documents could not be compelled to dismiss the case, but most of all, the Court of Appeal refused / failed to present the documents below the court. Can be considered effective against the plaintiff. Thus, a dismissal order passed by the trial court can exclude the plaintiff's case or defendant's defense under OXI, R21, CPC on three grounds only, OXI, R 11, CPC. Responding strictly to refusal of inquiries under. Secondly, OP XI, R12, on refusal to search documents under CPC and third on refusal to allow documents to be inspected under XI, R18, OPC, R14, CPC. Order preparation for documents under is not one of the CPC orders. As stated in R 21 of the OXI, the CPC court could not take action under this role and the plaintiff could not exclude the trial case, in which case, it was clearly erroneous to dismiss the case.

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