Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Termination of agreement to sell by plaintiff - Existence, execution and validity of agreement to sell is an admitted fact - Clause of agreement specifically provided that in the event of its termination, defendants shall be entitled to forfeit 25% of earnest money paid at the time of..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for declaration and permanent injunction - Suit property mutually partitioned by deed of family settlement between parties - Factum of family settlement not denied by defendants - Plaintiff not claiming an inch of land beyond what has fallen to his share - More so, defendants..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Trial not compulsory in every suit - If from documents and pleadings, it is clear that there is no need for a trial and that case of a party stands admitted, Court can pronounce judgment...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission need not be in pleadings of same case but can be in any other form, including in unconnected proceedings...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - O.12.R.6 CPC can be invoked at any time either on application or suo moto by Court...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Defendant admitted ownership of plaintiff/mother in earlier suit filed by him - He was misbehaving with plaintiff and her husband and license granted to him was terminated orally and defendant was asked to vacate suit property, which he failed to do so - Record shows that..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission U.O.12.R.6 CPC must be an absolute admission capable of being worked out on strength of admission - If admitted fact cannot independently stand or convey any meaning and ultimate relief to be granted in suit is linked with those facts, then it will not be proper for Court to exercise..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for permanent injunction - Suit cannot be dismissed only on basis of stray admission of PW1, which never constitute an absolute admission exercising powers U.O.12.R.6 CPC, by ignoring documents produced to prove that they are in possession of suit schedule property as on date of suit..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Plea of ownership on the basis of registered sale deed - Execution and registration not controverted - However, there is plea of misrepresentation - Such defence is of no avail till sale and lease documents are declared null and void - The same cannot be declared so in the suit of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Plaintiff is entitled to decree on admission only when admission by defendant is clear and unequivocal...........
