Amendment status not verified — confirm the current text below against the official source.
[(1)] Where any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect, and [an order may be made on such application accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard]. [(2) Where an order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded from bringing a fresh suit on the same cause of action]. Rule 21 re-numbered as sub-rule (1) of that rule by Act 104 of 1976, S.61 (w.e.f. 01/02/1977). Substituted by Act 104 of 1976, S.61, for the words "an order may be made accordingly" (w.e.f. 01/02/1977). Inserted by Act 104 of 1976, S.61 (w.e.f. 01/02/1977).