Rajesh Mitra @ Rajesh Kumar Mitra vs Karnani Properties Limited on 11 September, 2023
"29. It is a settled law that Order XII Rule 6 of the CPC is an
enabling provision that confers discretion to the Court for
ensuring speedy justice on admission to the extent of the claim
admitted by one of the parties of his opponent's claim. As noted
above, such admissions can be in the form of pleadings or
otherwise i.e., in the documents, correspondence, etc. placed on
record. It can be oral or in writing; the admission can be
constructive admission as well as without it being specific or
expressive, which can be inferred from vague and evasive denials
in the written statement while responding to specific pleas taken
in the plaint. I must state that the appellant/defendant has relied
upon the judgments which have been referred to above. There is
no dispute with regard to the proposition laid down in the said
judgments in as much as, (i) a judgment on admission under
Order XII Rule 6 of the CPC is not a matter of right, rather is a
matter of discretion of the Court; (ii) to constitute a clear,
unequivocal, unambiguous and unconditional admission, the
Trial Court has to see the overall effect of the pleadings and
documents. For a judgment on admission to be passed under
Order XII Rule 6 of the CPC, the Court has to see as to whether
the admission of facts is plain, unambiguous, and unequivocal
and go to the root of the matter, which would entitle the other
party to succeed; (iii) if the issue raised, involve the mixed
question of fact and law, the same has to be adjudicated by way
of evidence; (iv) the discretion conferred under Order XII Rule 6
of the CPC is to be exercised judiciously and not arbitrarily."