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Yogesh Kumar Aggarwal vs Sh.Yoginder Aggarwal & Ors on 15 May, 2025 cites

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."
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