Judgment on admission upheld where board records and pleadings showed a clear, unequivocal liability admission.

Order XII Rule 6 of the Code of Civil Procedure permits judgment where there is a plain and unequivocal admission entitling the other side to succeed. An admission need not be confined to the formal pleadings if it is placed before the court and the opposite party has an opportunity to explain it. On the facts, the board resolution, meeting minutes and accompanying letter, read with the pleadings, constituted a clear admission of liability; the affidavit denial was treated as evasive. The only dispute related to the extent of the admitted sum, not the existence of liability, and the decree on the admitted claim was upheld.

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Issues: Whether the suit claim could be decreed on the basis of admissions under Order XII, Rule 6 of the Code of Civil Procedure, 1908, and whether the board resolution, minutes and letter constituted a clear and unambiguous admission of liability.

Analysis: The object of Order XII, Rule 6 of the Code of Civil Procedure, 1908 is to enable a party to obtain speedy judgment where there is a plain admission entitling the other side to succeed. The admission need not be confined to the formal pleadings alone if it is brought before the Court and the opposite party has an opportunity to explain it. The board resolution, the minutes of the meeting and the accompanying letter, read with the pleadings, disclosed an unequivocal admission of liability, and the denial in the affidavit was found to be evasive. The only controversy was about the extent of the admitted amount, not the existence of the liability.

Conclusion: The requirements for judgment on admission were satisfied, and the decree on the admitted claim was upheld.

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