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        Case ID :

        2012 (11) TMI 1281 - HC - Indian Laws

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        Judgment on admissions under Order 12 Rule 6 CPC can rest on clear admissions in another proceeding despite later denial. A clear and unequivocal admission made in another proceeding can justify judgment on admissions under Order 12 Rule 6 CPC, even if the defendant later ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Judgment on admissions under Order 12 Rule 6 CPC can rest on clear admissions in another proceeding despite later denial.

                              A clear and unequivocal admission made in another proceeding can justify judgment on admissions under Order 12 Rule 6 CPC, even if the defendant later denies the same facts in the written statement. The rule is directed at avoiding trial where material facts are admitted, consistent with the principle that admitted facts need not be proved. Where the admission directly negates the defence and supports the plaintiffs' case, the court may grant substantive relief without formal proof. On that basis, the plaintiffs were held entitled to declaration that the defendant had no right, title or interest in the flat and to recovery of possession.




                              Issues: Whether a decree could be passed under Order 12 Rule 6 of the Code of Civil Procedure, 1908 on the basis of the defendant's clear and unequivocal admission made in a criminal complaint filed in another proceeding, notwithstanding denial in the written statement, and whether such admission entitled the plaintiffs to declaration of title and recovery of possession.

                              Analysis: Order 12 Rule 6 empowers the Court to pronounce judgment at any stage where admissions of fact are made in pleadings or otherwise, and the rule is intended to avoid unnecessary trial where the material facts are admitted. The Court also relied on the principle reflected in Section 58 of the Indian Evidence Act, 1872 that admitted facts need not be proved. It further noticed that the function of Order 10 Rule 1 and Order 14 Rule 1 is to ascertain admissions and denials and narrow the issues between the parties, while Order 15 Rule 1 permits immediate judgment where the parties are not at issue on any question of law or fact. The defendant's statements in the criminal complaint were treated as unequivocal admissions that the trust owned the flat and that the defendant was not its owner, which directly answered the very case set up in the suit and displaced the denials in the written statement.

                              Conclusion: The admission was sufficient to invoke Order 12 Rule 6, and the plaintiffs were entitled to declaration that the defendant had no right, title or interest in the suit flat and to a decree for possession.

                              Final Conclusion: The suit was decreed on admissions, and the pending notice of motion became infructuous and was dismissed.

                              Ratio Decidendi: A clear and unequivocal admission made in another proceeding can sustain a judgment on admissions under Order 12 Rule 6 of the Code of Civil Procedure, 1908, and once such admission negates the material denials, the Court may grant the substantive relief without requiring formal proof of the admitted facts.


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                              ActsIncome Tax
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