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(8) Reliance have been placed by the counsel for the respondent No.1 in M/s Babbar Sewing Machine Co. Vs. Trilok Nath Mahajan, AIR 1978 S.C.1436, Bala and others Vs. Gopal, 1988 JLJ 304, Baldev Singh Vs. Shinder Pal Singh and another (2007) 1 SCC 341 and Archdiocese of Bhopal Vs. Hasan Kabir and Others, 2010 (I) MPJR 50. With due respect these citations have no application in the present case, for the reason that the petitioner has not failed to comply with the order to answer interrogatories. As there is no obstinacy or contumacy on the part of the petitioner or there is willful attempt to discard the order of the Court, Order 11 Rule 21 of the CPC is not attracted.

5 Election Petition No.28/2014 (9) Even ascertaining that, certain circumstances, the provisions of Order 11 Rule 21 of CPC must be strictly enforced, it does not follow that a election petition can be lightly thrown out without adequate reasons. As there is no willful default and there is no willfully withholding the information or refusing to answer interrogatories the application of provision of Order 11 Rule 21 CPC is not established.