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1 - 7 of 7 (0.19 seconds)P.S. Batra vs S. Anoop Singh And Another on 19 November, 2008
Where other party has made a plain
admission entitling the former to succeed, it
should apply and also wherever there is a
clear admission of facts in the face of which,
it is impossible for the party making such
admission to succeed''
11 It was again cited with approval in the judgment titled ''P.S.
Batra V. S. Anoop Singh & Anr. 155 (2008) Delhi Law Times 431'',
where it was inter alia held that:
''The court has held that since the
plaintiff is neither illiterate nor infirm nor
mentally weak nor a disabled person nor
unaware of his rights and such plaintiff can
not be allowed to wriggle out of the affidavit
by claiming it to be a fraudulent and
ultimately the order 12 rule 6 CPC was
passed.''
12 Therefore, keeping in view all the facts and circumstances, this
court is of the opinion that the order of the Ld. Trial Court under order
12 rule 6 CPC does not suffer from any material irregularity.
13 Now coming to the next contentions.
Section 25 in The Transfer Of Property Act, 1882 [Entire Act]
Uttam Singh Dugal & Co.Ltd vs Unied Bank Of India & Ors on 8 August, 2000
10 The scope of order 12 rule 6 CPC came before Hon'ble
Supreme Court in judgment title ''Uttam Singh Duggal and Co. Ltd.
V. United Bank of India, VI (2000) SLT 87, AIR 2000 SC 2740'' and it
reads as under:
''As to the object of the order 12 rule 6,
we need not say anything more than what the
Legislature itself has said when the said
provision came to be amended. In the objects
and reasons set out while amending the said
rule, it is stated that 'where a claim is
admitted, the Court has jurisdiction to enter a
judgment for he plaintiff and to pass a decree
on admitted claim.
Section 113 in The Transfer Of Property Act, 1882 [Entire Act]
Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
Section 106 in The Transfer Of Property Act, 1882 [Entire Act]
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