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1 - 8 of 8 (1.16 seconds)Liverpool & London S.P. & I Asson. Ltd vs M.V. Sea Success I & Anr on 20 November, 2003
Again, in
Liverpool & London S.P. & I Association Ltd. v. M.V.
Sea Success I & Another, (2004) 9 SCC 512 it was held
that when no cause of action is disclosed, the Courts will
not unnecessarily protract the hearing of suit; the Court
should interpret the provisions in such a manner so as to
save expenses, achieve expedition and avoid the Courts
resources being used up in cases which will serve no useful
purpose. It was further held that a litigation which in the
opinion of the Court is doomed to fail should not further be
allowed to be used as a device to harass. The said
propositions equally apply to written statements/defence to
the claim also.‖
Raj Gopal (Huf) vs State Bank Of India on 6 April, 1999
19. Similar is the situation in Raj Gopal (HUF) Vs. State Bank of
India, 79 (1999) DLT 229, wherein it was observed as under :
Surjit Sachdev vs Kazakhstan Investment Services Pvt. ... on 1 February, 1997
8. The purport of Rule 6 of Order 12 of the Code of Civil
Procedure is to enable the party to obtain speedy judgment
atleast to the extent of the relief which, according to the
admission of the other party; he is entitled to. The Division
Bench of this Court in Surjit Sachdev v. Kazakhastan
Investment Services Pvt. Ltd. & Others, reported in 66
(1997) DLT 54 has held that admission on which judgment
could be claimed must be clear and unequivocal one and
that such an admission made in the suit or even for a part
of the claim enables a party to get a decree passed to the
extent of the admission. The aforesaid proposition of law
laid down by the Division Bench of this Court is well settled
RFA (OS) NO.79/2009 Page 8 of 9
that in case of clear and unequivocal admissions the suit
could be decreed which may be whole or in part for one of
the reliefs. In the aforesaid case the Division Bench also
laid down the factors which deserve to be taken into
consideration to enable the Court to pass a decree in
plaintiff's favour as regards possession in such like suit
which are--(a) existence of relationship of lessor and
lessee or entry in possession of the suit property by
defendant as a tenant; and (b) determination of such
relation in any of the contingency, as envisaged in Section
111 of the Transfer of Property Act. It was also held that an
unequivocal admission of the above two factors would
entitle the plaintiff to a decree for possession and that such
admission need not be made expressly in the pleadings.
M/S Ashoka Estate Pvt Ltd & Ors vs M/S Dewan Chand Builders Pvt Ltd And ... on 16 April, 2009
In a similar situation, this Court in the case of Ashoka Estate
Pvt. Ltd. & Ors. Vs. Dewan Chand Builders Pvt. Ltd. and Ors.
reported as 159 (2009) DLT 233 held as under :
Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Section 111 in The Transfer Of Property Act, 1882 [Entire Act]
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