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Viraf Satarawala vs. Khushru Satarawala

52.00 5.20

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Code of Civil Procedure, 1908–Order 11, Rules 12 & 14–Application under–Allowed and direction was issued to strike out of defence in case of failure to compliance–Under challenge–Earlier, the order of filing the affidavit was challenged before this Court and it was upheld–Trial Court adopted correct approach in putting the appellant to the adverse consequences for not complying with the order passed by it to disclose certain information which it felt was necessary to arrive at truth–Held, no case is made out for interference but the petitioner is given an adjournment of six weeks to file the affidavit in terms of order already passed by the Trial Court.