Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court before invoking provision U.O.12.R.6 CPC, must be satisfied beyond cavil that admission is of a conclusive nature and does not hinge upon proof or disproof of any other collateral fact in issue...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Oral or documentary admission not forming part of formal mechanism provided by O.12.Rr.3A, 4, 5 CPC or pleadings, must, at the very least, be duly proved as evidence in accordance with Evidence Act and satisfy the rigorous test of conclusiveness before it can become bedrock for a decree U.O.12.R.6 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where the party whose statement is relied upon disputes alleged admission and seeks to explain attendant circumstances or the reasons behind such statement, same can only be examined and evaluated during the course of a trial...........
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 58 -- Judgment on admission - If there exists an objection, denial or a plea of explanation by party purportedly making the admission, statement cannot be treated as an admission in law sufficient enough to pass a decree under provision of O.12.R.6 CPC or S.58 of Evidence Act - Such disputed..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where a fact is disputed/objected/controverted, its truth or falsity can only be conclusively determined after trial - Procedural mechanism therefore, safeguards against prematurely treating disputed statements or alleged admissions as binding, ensuring that civil process is not stifled on the basis of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Petitioner sought to invoke summary jurisdiction of Court U.O.12.R.6 CPC by relying upon certain statements purportedly made by plaintiff in independent criminal proceedings before a criminal Court relating to dishonour of cheques - However, statements relied upon by petitioner do not qualify as clear,..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents proposed to be produced as additional evidence are only certified copy of sale deed and revenue record which are per se admissible - Application allowed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Plaintiff had availed more than 30 opportunities to conclude evidence - Case was at the stage of arguments when application was moved - One opportunity to lead additional evidence is given to plaintiff subject to cost of Rs.1 lakh...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of document and marking exhibit after closure of evidence - Other side should be afforded an opportunity for adducing rebuttal evidence against such document...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Conduct of party invoking jurisdiction of Court must be free from blame since grant of interlocutory injunction is an equitable relief...........
