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...impressed with the contention of the learned counsel for the appellant that there is no admission for the purpose of Order 12 Rule 6 at all, nor that the admission if any is conditional because we cannot spell out ...for a sum of Rs 1015.50 lakhs on application of the respondent for judgment upon admission as provided under Order 12 Rule 6 of the Code of Civil Procedure. The facts leading to the suit are as...trial Judge took the view that the prerequisites of Order 12 Rule 6 CPC had been satisfied in this case and that on a plain reading of the resolution of the Board dated 30-5-1990 there could be no...
...settlement or admission of liability.2. A learned Single Judge of the Calcutta High Court by order dated 22-2-2008, granted a judgment on admission under Order 12 Rule 6 of...in this appeal by special leave.3. Order 12 Rule 6 of the Code provides that:“6. Judgment on admissions.—(1) Where admissions of fact have...Order 12 Rule 6 of the Code.10. Another aspect regarding the minutes dated 9-12-2000 requires to be noticed. The minutes do not refer to any admission by Himani (the...
...learned Single Judge has dismissed the application in IA No. 1557 in the aforesaid suit, filed under Order 12 Rule 6 of the Civil Procedure Code. Respondents 1 and 2 — plaintiffs, have filed the...enforceable? OPD.”10. After filing written statement in the suit, Respondents 1 and 2/plaintiffs have filed IA No. 1557 of 2007 under Order 12 Rule 6 CPC, praying for..., specific issues are framed and findings on which can be arrived only after trial. It is stated that the application filed under Order 12 Rule 6 CPC is kept pending for more than a decade and disposed...
...admitted that the lease rent is more than Rs 3500 per month in its reply to the Trust's petition under Order 12 Rule 6; and(d) the Club has also admitted the rece...under Order 12 Rule 6 of the Code of Civil Procedure for passing a judgment on admission. In the said application in Para 4, the Trust asserted that on a perusal of the written statement filed by the...) The High Court erred by applying the principles of Order 12 Rule 6 of the Civil Procedure Code in the facts and circumstances of this case as there was no clear admission by the Club of case of the...
...learned Single Judge has set aside the order dated 13-2-2004 passed by the trial court whereby the trial court declined to pass an order of eviction moved by the plaintiff under Order 12 Rule 6 of...of the plaintiff filed under Order 12 Rule 6 CPC. Hence the present revision was filed before the High Court. The said revision...case was at the stage of evidence an application under Order 12 Rule 6 was filed by the plaintiff on 26-4-2002 for passing a judgment on the admission made in the pleadings. This application was...
...deed dated 22-10-1997.3. The respondent filed an application under Order 12 Rule 6 of the Code of Civil Procedure for passing a decree in her favour on the ground that a suit for partitio...property, these findings were made in a suit for partition whereas the present suit was filed for recovery of possession and damages. The trial court further held that for passing a decree under Order 12 Rule 6 CPC...property.11. On an application filed by the respondent-plaintiff under Order 12 Rule 6 CPC seeking a judgment in the suit, the trial court dismissed the application stating...
...M.L MEHTA, J. (Oral)This petition is directed against the order dated 27.04.2012 whereby application under Order 12 Rule 6 CPC filed by the petitioner, wh...12 Rule 6 CPC was not maintainable and was rightly dismissed by the learned ADJ. There being no infirmity or illegality in the impugned order, the petition is devoid of any merit and is hereby ...06.11.1991 and by the renewed oral lease deed 06.11.1994 The application under Order 12 Rule 6 CPC was filed seeking passing of judgment and decree based on the admissions allegedly...
...Order 12 Rule 6, being I.A No. 12514/2000 is dismissed, but with no order as to costs.Suit be listed on 6.2.03...S. Mukerjee, J.:— This application (IA. No. 12514/2000) has been preferred under Order 12 Rule 6 read with Section 151, CPC by the plaintiff, praying for passing...plaintiff to pray for a decree under Order 12 Rule 6, therefore, the plaintiff has relied upon the judgment of the Apex Court in the case of...
...appellant preferred an application under Order 12 Rule 6 of the Code of Civil Procedure (for short “the Code”) for pronouncing a judgment, having regard to such admissions and for passing a decree for...behalf of the plaintiff on application under Order 12 Rule 6. To come up for orders on 30-5-1998.”5. A revision petition was filed by the respondent before the Delhi High...competent court and all that he needed was a decision on the application made by him under Order 12 Rule 6 of the Code.6. The appellant being an octogenarian has seemingly...
...view of all these facts, I do not think that a case has been made out under Order 12 rule 6 C.P.C for passing a decree in favour of the plaintiff for the sum of Rs 5,98,000/- and as such ...Mahesh Chandra, J.:— By this Order I propose to dispose of I.A No. 177 of 1987 file by plaintiff under Order 12 rule 6 read with Section 151 C.P.C with a request...secured loan in favour of State Bank of India against the defendant. The question is whether this is sufficient admission within the meaning of Order 12 rule 6 C.P.C so as to...
...The plaintiffs are feeling aggrieved by the order dated 3.11.2018, passed by the trial Court, vide which their application under Order 12 Rule 6 CPC was ...impugned order runs as follows:- Arguments heard on the application filed under Order 12 Rule 6 of CPC. 2. Ld. counsel...sufficient to declare the plaintiff as owner in possession of the property in dispute. In terms of Order 12 Rule 6 CPC, where admissions of fact have been made either in the...
...pendency of the suit, an application under Order 12 Rule 6 CPC read with Section 151 CPC was filed by the respondent landlord and the trial court vide its order dated 25-8-2014...an agreement of sale and while so, the trial court erred in passing the decree for eviction under Order 12 Rule 6 CPC. It was submitted that the trial court vide its order...Order 12 Rule 6 CPC and the impugned orders, do not suffer from any infirmity warranting interference.
7. We have carefully considered the rival contentions and perused...
...agreements were valid. The said suit for specific performance of contract was dismissed by the IXth Senior Civil Judge, Alipore, in terms of Order 12 Rule 6 CPC purported to be on admission on the...could have been dismissed in terms of Order 12 Rule 6 CPC or not.Execution case38. In view of the aforementioned findings, the decree passed...Senior Civil Judge, Alipore, purported to be in terms of Order 12 Rule 6 of the Code of Civil Procedure (for short CPC) for dismissing the said suit for specific performance of contract on the premise...
...landlord and since there was an admission he should have dismissed the petition then and there. The argument is misconceived. An admission contemplated by Order 12 Rule 6 of the...would be tested at the time of final argument of the case. 3. Learned counsel has then argued that even if application under Order 12 Rule 6 of the CPC had to be ...Order 12 Rule 6 of the CPC. As per the learned counsel the landlord-respondent has filed petition for eviction on twin grounds i.e. non-payment of rent and personal necessity. After...
...with the contention of the learned counsel for the appellant that there is no admission for the purpose of Order 12, Rule 6, at all, nor that the admission if any is conditional because ...Court for a sum of Rs. 1015.50 lakhs on application of the respondent for judgment upon admission as provided under Order 12, Rule 6 of the Code of Civil Procedure. The...pre-requisites of Order 12, Rule 6, CPC had been satisfied in this case and that on a plain reading of the resolution of the Board dated 30.5.90 there could be no doubt that...
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...found maintainable, then it should be dismissed on the ground of non-payment of proper court fee. It was also urged that the power of court under Order 12 Rule 6 being...plaintiff respondent's application under Order 12 Rule 6 CPC was allowed and a decree for Rs. 3,75,603 was drawn in his favour.2. The parties shall be referred...against the defendant. The plaintiff moved an application under Order 12 Rule 6 read with Sec. 151 CPC praying therein that on the basis of the admission made by the defendants...
...12 Rule 6 of the CPC was dismissed observing inter alia that in order to grant relief under Order 12 Rule 6 of CPC, it was necessary ...sham and false denials. All conditions of passing an order under Order 12 Rule 6 of CPC being satisfied, the trial Court wrongly dismissed the application under...taken a view in Rama Ghai v. UP State Handloom Corporation, 2001 IV AD (Delhi) 471 that in order to invoke the provisions of Order 12 Rule 6, CPC, the Court...
...the plaintiff, laying down die principles to be applied by the Courts while exercising discretion under Order 12, Rule 6, CPC.
(10) In the result, the application is dismissed.
...(1) This application for judgment under Order 12 Rule 6, Civil Procedure Code has been filed in suit for....
(7) Although Rule 6 of Order 12, Civil Procedure Code is couched in wide terms but it can be acted upon only when admission(s) are clear, unambiguous and unequivocal...
...admission under Order 12 Rule 6 CPC, whether the defendant Board could raise objection relating to limitation in respect of the remaining amount claimed by the appellants and part of the suit could be ...7,09,835 to the appellant. In view of the admission made by the Board, the appellant sought judgment on admission for the said sum of Rs 7,09,835 under Order 12 Rule 6 CPC. The Board in its reply to the...application under Order 12 Rule 6 stated that the Board had no objection to the passing of a decree for Rs 7,09,835 in favour of the appellant but objected to the payment of 18% interest on the said...