upon the judgment of the Supreme Court in the case of Modula India
v. Kamakshya Singh Deo 1988 Law Suit Supreme Court 592. He also ... Kanth on the judgement of the Supreme Court in
Modula India (Supra) is concerned, the same is not applicable in the facts
of this case
Kiln Plastics Products, AIR 1976 SC 309 and Modula India
Vs. Kamakshya Singh Deo, AIR 1989 SC 162. It is further argued
that the applicant
aforesaid judgment shows the same to have
relied on Modula India Vs. Kamakshya Singh Deo (1988) 4 SCC 619
which lays down that notwithstanding
preferred."
8. The Supreme Court in the matter of Modula India v. Kamakshya
Singh Deo 2 considering the provision contained in Order 8 Rule
prove the
contents thereof.
Again the Apex Court in Modula India Vs. Kamakshya
Singh Deo (1988) 4 SCC 619 held that in a disciplinary
proceedings
pointed out by the Apex Court in the case of Modula India v.Kamakshya Singh Deo, reported in AIR 1989 SC 162, in case
contempt application before the Supreme Court of India. On 31.7.98 before the Supreme Court of India the defendant gave an undertaking that he would ... contention strong reliance has been placed by the learned counsel on Modula India v. Kamakshya Singh Deo in the following terms :--
"We agree that
other point but in view of the Supreme Court decision in Modula India v. Kamakshya Singh Deo , , he was entitled to cross-examine the plaintiffs ... brings us to the last point raised by Mr. Roychowdhury. In Modula India v. Kamakshya Singh Deo , the Supreme Court has held that even
laid down
by the Apex Court in the case of Modula India Vs.
Kamakshya Singh Deo reported in AIR 1989 SC 162, the
other defences
slight modification. The posit ion of law is well settled. In Modulo India v. Kamakshiya Singh Deo , AIR I9S9 SC 162, their Lordships ... petitioner, in my opinion, go against the petitioner. In Modula India 's case (supra), it was observed as under :-
"There
