r 24.02
In forceFailure to obey order
Part 4Application by or against third or subsequent party
24.02 Failure to obey order
(1)
If a party fails to comply with an order to give particulars of any pleading or with an order for the discovery or inspection of documents or for answers to interrogatories, the Court may order—
(a)
if the party is the plaintiff, that the proceeding be dismissed;
(b)
if the party is a defendant, that the defendant's defence, if any, be struck out.
(2)
A defendant whose defence is struck out in accordance with paragraph (1)(b) must, for the purpose of Rule 21.01(1), be taken to be a defendant who, being required to serve a defence, does not do so within the time limited for that purpose.
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