(1.) When the matter is listed today for admission, after hearing the learned counsel for the petitioner, the same is disposed of in limine.
(2.) Defendant is the petitioner herein. Respondent filed a suit in O.S. No. 33 of 1999 on the file of the Sub-Court, Ambasamudram, for speeific performance. The petitioner herein filed an application in I.A. No. 465 of 2002, seeking for a direction, under O. 18, R. 1 of C.P.C., to direct the respondent-plaintiff, to begin the case, on the ground that the suit is one seeking for specific performance and the agreement for sale entered into between them was obtained by coercion, without receiving the sale consideration of Rs. 2.00 lakhs. The respondent herein has filed a counter, stating that the execution of the agreement has been admitted; a sum of Rs. 2.00 lakhs was paid, the suit was filed even prior to the expiry of the time stipulated in the agreement and the balance consideration of Rs. 1.00 lakh was also deposited; while so, the petitioner herein has to begin the case. The Court below dismissed the application. Hence, the present revision.
(3.) Under O. 10, R. 1 of C.P.C., the Court can examine the parties concerned, in order to ascertain by statement of parties themselves or their pleaders whether the allegations in the pleadings were admitted or denied by them. Such ascertainment is to be made only when the allegations are not expressly or impliedly admitted or denied by the party against whom they are made.