On Order 12 Rule 6 : An Important View of Supreme Court
On the issue of Order XII Rule 6 of Code of Civil Procedure, 1908, an important Judgment was passed on 8 August 2000.
It has been commented at page 4 & 5 of Uttam Singh Dugal v United Bank of India [2000] GCtR 1951 (SC) thus : -
"In the Objects and Reasons set out while amending the said Rule, it is stated that “where a claim is admitted, the court has jurisdiction to enter a judgment for the plaintiff and to pass a decree on admitted claim. The object of the Rule is to enable the party to obtain a speedy judgment at least to the extent of the relief to which according to the admission of the defendant, the plaintiff is entitled”."
"Where the other party has made a plain admission entitling the former to succeed, it should apply and also wherever there is a clear admission of facts in the face of which it is impossible for the party making such admission to succeed."
Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment, for example, as 8 August 2000.
Written by
Vishal
Delhi
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