TaxTMI 
TaxTMI 
2015 (2) TMI 1386
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.... the absolute owner, but part of the property was under the illegal occupation of the Appellant-Defendant, who opposed the suit contending that the suit property was a Hindu Undivided Family property having been purchased in the name of the Respondent using the funds of his grandfather, father and himself and not purchased by the Respondent as she was a housewife having no income. Appellant-Defendant further pleaded that though there was a dispute regarding his ownership and possession, the same was settled between all the family members vide compromise deed dated 22.10.1997. 4. The Respondent filed an application Under Order XII Rule 6 of the Code of Civil Procedure for passing a decree in her favour on the ground that a suit for partition, which had earlier been filed by the Appellant on the same ground i.e. that the suit property was a HUF property, had been dismissed by the District Court vide judgment dated 8.9.2003 and affirmed by the High Court vide judgment dated 12.9.2011 and the Respondent contended that the same amounted to an unequivocal admission by the Appellant that the Respondent was entitled to possession. 5. The trial court held that though the judgment date....
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....t be unequivocal admission by the Defendant in the pleading. According to the learned Counsel judgment should not have been passed by applying the principles of res judicata inasmuch as the issue of res judicata does not arise in a case of judgment passed Under Order XII Rule 6, Code of Civil Procedure. 9. In order to appreciate the submission made by the learned senior Counsel we would like to quote Order XII Rule 6 Code of Civil Procedure, which reads as under: Judgment on admissions.-(1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the court may at any stage of the suit, either on the application of an party or of its own motion and without waiting for the determination of any other question between the parties, make such Order or give such judgment as It may think fit, having regard to such admissions. (2) Whenever a judgment is pronounced Under Sub-rule (1) a decree shall be drawn up in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced. 10. The bare perusal of the aforesaid provision makes it clear that it confers wide discretion on the court....
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....rt, while construing this provision, held that the Court should not unduly narrow down its application as the object is to enable a party to obtain speedy judgment. 12. Coming back to the instant case there is no dispute that the Plaintiff/Respondent filed the suit for possession of the suit property and also for recovery of Rs. 5,55,000/- and future damages at the rate of Rs. 15,000/- per month. The Plaintiff/Respondent claimed title in the suit property and averred that the Appellant is in unauthorized occupation of the suit property without any authority or justification. In the plaint it was specifically pleaded that the ownership right in the suit property has already been decided in favour of the Respondent and against the Appellant by judgment and decree dated 8.9.2003 and the appeal filed by the Appellant was also dismissed vide judgment dated 12.9.2011. Hence, the Appellant is in illegal possession of the suit property. 13. On an application filed by the Plaintiff/Respondent Under Order XII Rule 6 Code of Civil Procedure seeking a judgment in the suit, the trial court dismissed the application stating that there is no unequivocal admission for passing a judgment in t....
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....pondent/Defendant to the Petitioner/Plaintiff. The aforesaid affidavit accompanied by the certificate of the fees of the counsels be filed by the Petitioner within a period of four weeks and costs be paid thereafter within a period of four weeks. 14. From the reading of para 7 of the order, as quoted hereinabove, it reveals that the High Court not only decreed the suit for possession but also directed the Plaintiff/Respondent to file an affidavit giving details of the cost of litigation since the appeal was allowed with cost. 15. As discussed hereinabove, there is no dispute with regard to the law settled by this Court that Order XII Rule 6 confers wide discretion on the Court to pass judgment either at the stage of the suit on the basis of admission of the facts made in the pleadings or otherwise, but the Court shall later on decide the other questions which arise for consideration in the Suit. 16. It is equally well settled that the provision of Order XII Rule 6 of the Code is not a mandatory provision rather discretionary. While exercising power of passing judgment on admission made in the pleading or otherwise, the Court must keep the matter pending for adjudication so....