Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession, recovery of mesne profit and damages against son and daughter-i, law - Plaintiff exclusive owner of suit property which fact not denied by defendant - Even permissive user of suit premises not disputed by defendant - Except for bald and vague denials, defendant has not taken any..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court may pass decree on admission not only on application of a party but also suo motu...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Decree on admission - Non-denial of facts - Tantamount to admission as per O.8.Rr.3 to 5 within the meaning of O.12.R.6 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission contemplated U.O.12.R.6 CPC, cannot be equated to fiction of a deemed admission U.O.8.R.5 CPC...........
Civil Procedure Code, 1908, Section 11, Order 12, Rule 6 -- Judgment on admission - Res judicata - Suit for possession - First appellate Court in his earlier judgment while remanding the matter to trial Court held that Delhi Rent Control (DRC) Act not applicable to suit premises - Defendant did not challenge the said judgment and it became final and binding on defendant -..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Consent decree - When a decree is passed based on admission in pleading or otherwise, provisions of O.12.R.6 CPC are attracted and not of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Consent decree - Validity - Suit filed by nephew claiming property of his uncle - Instead of making said uncle a party, nephew sued him through attorney - Said attorney rushed to the Court on the next day and suffered a decree - This extra ordinary hurry itself reflects ill-intention, fraud, active planning and collusion of..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6 -- Compromise and consent decree - There is difference between a compromise decree and consent decree - A compromise between parties pre-supposes bilateral understanding - When a decree is passed based on admission in pleading or otherwise, provisions of O.12.R.6 CPC are attracted..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Object of O.12.R.6 CPC is to prevent parties to go through unnecessary trial, if suit can be disposed of on the basis of pleadings as they stand...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendant No.3 stated that suit property was purchased by him in the name of his mother as trustee, not put forth in pleading - Defence of defendant No.3 does not fall within exception of S.4(3)(b) of Benami Act and thus, barred by law under said Act - Once defence is barred by law,..........
