TMI Blog2015 (5) TMI 1231X X X X Extracts X X X X X X X X Extracts X X X X ..... off. - CS(OS) 1442/2011 - - - Dated:- 27-5-2015 - Mr. Justice Manmohan, J. For the Appellant : Mr. W.N. Gujral, Advocate with Mr. I.D. Tyagi, Advocate. Mr. Sarvendra Mani, Advocate with Ms. Sampa Sengupta Ray Advocate for defendant No. 1. Mr. Nalin Tripathi, Advocate for legal representatives of defendant No. 3. JUDGMENT MANMOHAN, J: (Oral) 1. On 18th February, 2015, Mr. Rakesh Tiku, learned senior counsel appearing for defendants No.2 and 3 had stated that the statement of defendant No.2 should be recorded without Oath. In support of his contention, he had relied upon the judgment of the Supreme Court in M/s. Kapil Corepack Pvt. Ltd. vs. Harbans Lal (D) Thr. Lrs. decided on 03rd August, 2010 wherein the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Consequently, the statement under Order 10 CPC has now to be recorded under Oath. 6. As far as the option of defendant No.1 to refuse to be examined 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 relation to the suit as it thinks fit. 7. With the aforesaid clarifications, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for ₹ 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 shall be deposited with the Registry of this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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