Civil Procedure Code, 1908 – Or.XII, r.6 – Judgment on admissions – West Bengal Premises Tenancy Act, 1997 – s.2(g) – Suit for recovery of possession – Admission of certain facts by the defendant in his written statement – In view thereof, the plaintiff filed application u/Or.XII r.6 for decree upon admission – Trial Court decreed the suit – Appeal filed by the defendant, dismissed by High Court – Correctness:
Held: r.6(1) empowers the court to pronounce a judgment upon admissions made by parties without waiting for the determination of other questions – The words “or otherwise” used in Or.XII, r.6 are wide enough to include all cases of admissions made in the pleadings or de hors the pleadings – In the present case, having regard to the clear and unequivocal admission made by the defendant in his written statement, the High Court committed no error much less any error of law in decreeing the suit applying Or.XII r.6. [Paras 35, 44]
Civil Procedure Code, 1908 – Or. XII r.6 – Nature of – Exercise of discretion u/Or. XII r.6:
Held: The provisions of r.6 are enabling, discretionary and permissive – They are not mandatory, obligatory or peremptory – This is also clear from the use of the word “may” in the rule – The powers conferred on the court by this rule are untrammeled and cannot be crystallized into any rigid rule of universal application – They can be exercised keeping in view and having regard to the facts and varying circumstances of each case – If the court is of the opinion that it is not safe to pass a judgment on admissions, or that a case involves questions which cannot be appropriately dealt with and decided on the basis of admission, it may, in exercise of its discretion, refuse to pass a judgment and may insist upon clear proof of even admitted facts. [Paras 28-30] Civil Procedure Code, 1908 – Or. XII r.6 – Object of – Code of Civil Procedure (Amendment) Act, 1976. [Paras 25, 26] Words and Phrases – ‘Otherwise’ – Civil Procedure Code, 1908 – Or. XII r.6 – Discussed. [Para 37]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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