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TMI Blog2015 (5) TMI 1231X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the Supreme Court in M/s. Kapil Corepack Pvt. Ltd. vs. Harbans Lal (D) Thr. Lrs. decided on 03rd August, 2010 wherein the Apex Court had quoted with approval the judgment of the Madras High Court in Vasantharoya Koudan & Ors. AIR 1949 Madras 707. The relevant quotation from the Madras High Court's judgment is reproduced hereinbelow:- "At the outset it must be pointed out that this (Order 10 Rule 2) does not provide for an examination on oath. This provision was intended to be used to elucidate the matters in controversy in suit before the trial began. This is not a provision intended to be used to supersede the usual procedure to be followed at the trial." 2. Undoubtedly, the statement under Order 10 Rule 2 has to be record with a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under Order 10 CPC is concerned, this Court is of the view that the consequence for the same is provided in Order 10 Rule 4(2) of CPC which reads as under:- "Order X Examination of Parties by the Court 4. Consequence of refusal or inability of pleader to answer. xxx xxx xxx (2) If such party fails without lawful excuse to appear in person on the day so appointed, the Court may pronounce judgment against him, or make such order in relat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 003 between defendant No.1 and defendant No.2 was for Rs. 70,00,000/- He contends that the drastic differences between the two transactions within the span of four months reflects on the credibility of the earlier transaction dated 21st June, 2003. However, this Court is prima facie of the opinion that in view of the registered Sale Deed dated 21st June, 2003, the defendant No.1 had no right, title or interest in the suit property and he had no power to execute another Agreement to Sell in October, 2003. Consequently, the legal representatives of defendant No.3 are directed to deposit the entire rental amount being received by them with the Registry of this Court after deducting the TDS within a period of six weeks. Even future rentals sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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