JUDGMENT

R.V.Raveendran, J. —

Leave granted. This appeal relates to the scope of Rule 2 of Order 10 of Code of Civil Procedure (‘Code’ for short) and the correctness of invoking of Section 340 of the Code of Criminal Procedure (‘Cr.P.C.’ for short) in regard to answers given by a party in an examination under Order 10 Rule 2 of the Code.

2. Late Harbans Lal (for short the ‘plaintiff’ of whom the respondents are the legal heirs) filed a suit against the appellants on 5.9.2006, for recovery of Rs. 66 lakhs. He alleged that second appellant and his brother late Sohan Lal Dua (father of third appellant) on behalf of the first appellant, had executed an Agreement/Receipt dated 7.9.2003 agreeing to sell him an industrial property for a consideration of Rs. 2,02,41,600/- and had received a sum of Rs. 33 lakhs made up of Rs. 9 lakhs by cheque and Rs. 24 lakhs in cash towards the said agreement. He further alleged that the appellants were unwilling to convey the property and failed to produce the documents necessary to satisfy him about their title to the property; and that therefore in terms of the agreement, he was suing for refund of double the amount advanced by him.

3. The appellants