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1 - 4 of 4 (0.21 seconds)Uttam Singh Dugal & Co.Ltd vs Unied Bank Of India & Ors on 8 August, 2000
7. The Court is conscious of the decision in Uttam Singh Dugal
(supra); at the same time the Court also is mindful of the fact that the
facts and circumstances of each case have to be seen in the context of
the decisions cited. The power under Order XII Rule 6 is of the widest
amplitude. The admission by the defendant may be in the course of
the proceedings or even "otherwise" - as is expressly stated by the
said provisions of Order XII Rule 6. In the present case, this Court is
of the view that the learned Single Judge had the power to see through
RFA (OS) 17/2013, C.M. APPL. 1497/2013 Page 6
the pleadings and discern whether the written statement did spell-out a
defence that was triable. Merely because the defendant put up the plea
that the amount of Rs. 24 lakhs was received as part of a larger
transaction, would not have justified a trial which would have been
otherwise lengthy, time consuming and ultimately deleterious to the
interests of the plaintiff. In view of these conclusions, the Court is of
the opinion that the appeal lacks in merit. It is consequently
dismissed.
Section 27 in The General Clauses Act, 1897 [Entire Act]
Section 5 in The Limitation Act, 1963 [Entire Act]
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