Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Payment of decretal amount out of Court - Application seeking certification of satisfaction of decree - Once DH admits his signatures on receipt acknowledging full and final payment, evidentiary burden stands duly discharged - Admission is the best evidence against maker and unless satisfactorily..........
Evidence Act, 1872, Section 17 -- Admission - Admission is the best evidence against maker and unless satisfactorily explained is conclusive as to the facts admitted...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Provision contained U.O.12.R.6 CPC is not mandatory in nature - Said provision merely confers a discretionary power upon Court to pronounce judgment and decree on basis of admissions made by parties - Use of expression "may" in the Rule, rather than "shall," indicates that power is enabling and..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court must, in each case satisfy itself that admission relied upon is complete, definite and incapable of any other interpretation before invoking said provision...........
Evidence Act, 1872, Section 17 -- Admission - Admission by a party can amount to proof for establishing a fact...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - A document or statement recorded in another proceeding unless duly exhibited and proved as admissible evidence during the trial of civil suit in accordance with law of evidence, cannot ipso facto constitute an admission that is conclusive and dispensatory of requirement of proof U.O.12.R.6 CPC - Such..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Object of provision U.O.12.R.6 CPC is to enable a Court to pronounce judgment based on admissions that are so unequivocal, unambiguous, unconditional and express that they render any further detailed adjudication in the matter wholly unnecessary and superfluous - This power being in the nature of an..........
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...........
