Sir,
If One of Defendant make statement (recorded in Roznama) on 14/10/2014 read as follows:
"The ld adv. for the defendant No. 1 made a submission that defendant No.1 will not create third party right from today till next date. Adj for NM reply to 29. 10.14."
subsequently on 20/01/2015 deendant filed reply stating Leave and Licence already executed on 09/10/2014.
Whereas the Notice of motion was first served upon them on same date (09/10/14) for hearing date on 10/10/14 however they didn't came for hearing, however Hon'ble court took view of non-service and asked to serve notice to court Balif on 13/10/2014.
Thus. in view of above (a) Whether the statement made on 14/10/2014 does not amounts to false statement, as before making such statement. (b) Whether the stand that the agreement was entered after receipt of the notice of motion and defendants choose to be absent from hearing as tactic and came to court after entering into agreement can be considered by Hon'ble Court.
Thanks in anticipation.
