UMA SHANKER SHARMA Vs. RAJESH SHARMA

JUDGEMENT

(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 Apex Court had quoted with approval the judgment of the Madras High Court in Vasantharoya Koudan and Ors. 1949 AIR(Mad) 707 The relevant quotation from the Madras High Court's judgment is reproduced hereinbelow: -

(2.) UNDOUBTEDLY , the statement under Order 10 Rule 2 has to be record with a view to elucidate the matter in controversy in the suit. While it is true that the scope of the aforesaid Rule is not to take evidence, but certainly the statements so recorded are a part of the pleading.

(3.) BY virtue of amendment in Civil Procedure Code w.e.f. 01st June, 2002 in Order 6 Rule 15(4) now every pleading has to be supported by way of an affidavit. The amended Order 6 Rule 15(4) CPC reads as under: -