Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - He cannot produce evidence in defence - Limited right of such defendant is confined to cross examine plaintiff's witnesses...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings are not proof...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Categorical admission made by plaintiff cannot be allowed to be amended - Application rightly rejected...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where plaintiff claims a particular relief or reliefs against a defendant and defendant makes a plain admission, former is entitled to relief or reliefs admitted by latter...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Provision of O.12.R.6 CPC is enabling, discretionary and permissive - They are not mandatory, obligatory or peremptory...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - If Court is of opinion that it is not safe to pass a judgment on admissions, or that a case involves questions which cannot be appropriately dealt with and decided on basis of admission, it may in exercise of its discretion, refuse to pass a judgment and may insist upon clear proof of even admitted..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Expression `otherwise' used in provision permits Court to pass judgment on basis of statement made by parties not only on pleadings but also dehors pleadings i.e. either in any document or even in statement recorded in Court - If one of parties statement is U.O.10.Rr.1, 2 CPC, same is also a statement..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Decree O.12.R.6 CPC may be either preliminary or final...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Plaintiff may move for judgment upon admission by defendant in his written statement at any stage of suit although he has joined issue on defence - Likewise, a defendant may apply for dismissal of suit on basis of admission by plaintiff in rejoinder - Court may, in an appropriate case, give a judgment..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 8, Rule 5, Evidence Act, 1872, Section 58 -- Proviso - Judgment on admission - Court is not bound to grant relief to plaintiff only on basis of admission of defendant...........
