Code of Civil Procedure, 1908–Order 11, Rule 21(1)–Scope–Even if, there is non-compliance with the provisions under Rules 11, 12 or 15, an order under Order 11, Rule 21(1) cannot be passed in a routine manner–The Court concerned, prior to passing such an order, has to record the satisfaction, firstly, that an specific order to answer the interrogatories or for discovery or inspection of documents has been passed, and secondly, that the order has not been complied with and the plaintiff or defendants concerned have willfully defaulted in complying with the order–Further, where the obstinacy or contumacy of the plaintiff or defenant in disregarding the order of the Court is established, then such an order can be passed and not otherwise.
