APPLICATION UNDER ORDER XI, RULE 21, C.P.C., FOR DISMISSAL OF THE SUIT

IN THE COURT OF SENIOR CIVIL JUDGE DADU

In Re:

ABC S/o D.M. Cast      , R/o    Tehsil & District, Dadu.

…PETITIONER/DEFENDANT

Vs.

FDA S/o M.D. Cast      , R/o    , Tehsil & District, Dadu.

…RESPONDENT

APPLICATION UNDER ORDER XI, RULE 21, C.P.C.,

FOR DISMISSAL OF THE SUIT

Respectfully Sheweth:

1)      That this Hon’ble Court was pleased to grant leave to supply interrogatories to the defendant so as to be answered within 7 days of the receipt of the same.

2)      That it is now more than 2 months that no answer has been received from the defendant in spite of the fact that last opportunity with cost was also granted to the defendant to do the needful.

3)      That the attitude amount to misconduct and against the legal ethics. The defendant has not filed any answer to the interrogatories and has thus violated and flouted the order this suit.

4)      That Rule 21, Order XI, C.P.C., empowers this Hon’ble Court may be pleased to dismiss the suit on failure to comply with the order to answer interrogatories.

It is therefore respectfully prayed that this Hon’ble Court may be pleased to dismiss the suit as provided in the rule 21, Order XI, C.P.C. Costs of this suit may also be awarded.

PETITIONER/DEFENDANT

Through

Counsel

Verification:

Verified on oath at Dadu the 17^th of January, 2010 that the contents of Para No. 1-4 are true to the best of my knowledge and belief.

PETITIONER/DEFENDANT