AIR 1979 CALCUTTA 196 ::(1979) 1 CalLJ 469

Calcutta High Court

Hon'ble Judge(s): Jyotirmoyee Nag , J

Civil P.C. (5 of 1908) , S.151, O.9 R.8— Failure to comply with the court's orders - Court can dismiss the suit. The plaintiff was ordered by the Court to deposit Commissioner's fees by several orders. In spite of the several opportunities given the plaintiff failed to comply with the court's order. Ultimately the plaintiff's suit was dismissed. Held that the court can dismiss a suit for non-compliance with the Court's orders under its inherent powers. In such a case O.9, R.8 will also have no application as the suit was not dismissed for non-appearance of the plaintiff. AIR 1975 Cal 80 (FB), Distinguished. AIR 1925 Cal 57, Ref.(Para 1 4 6) Anno : AIR Comm. Civil P.C. (9th Edn.), S.151, N.1, O.9, R.8, N.1.