Supreme Court clarifies courts’ power to pass judgment on admissions even outside pleadings under Order XII Rule 6 CPC.
SC ON ORDER XII RULE 6 CPC JUDGMENT CLARITY
Case in News
Supreme Court clarifies that judgment on admission can be passed under Order XII Rule 6 of Civil Procedure Code (CPC).
Case Overview
Case Name: Rajiv Ghosh vs Satya Narayan Jaiswal
In Rajiv Ghosh vs Satya Narayan Jaiswal, the Supreme Court of India bench comprising Justice JB Pardiwala and Justice R Mahadevan explained the legal position under Order XII Rule 6 CPC. The Supreme Court held that a judgment on admission can be passed at any stage of a suit based on oral or written admissions even dehors the pleadings and without a formal application.
Key Aspects
- Father of the petitioner was a tenant; tenancy continued after his death under WBPT Act.
- Respondent served an eviction notice; petitioner didn’t vacate the house.
- Defendant admitted serious facts in written reply.
- Trial court passed judgment on admission under Order XII Rule 6 CPC.
- The High Court upheld the decree prompting an appeal to the Supreme Court.
Legal Insights
- Order XII Rule 6 CPC: permits courts to pronounce judgment on admissions at any stage.
- Post-1976 Amendment: Admissions may be oral, written or even made outside pleadings.
- Precedents cited: Uttam Singh vs. United Bank of India and ITDC vs. Chander Pal Sood.
- Court’s suo moto power to pass judgment is recognized .
Court’s Verdict
The Supreme Court of India affirmed that a judgment on admission under Order XII Rule 6 of Civil Procedure Code (CPC) can rely on admissions made in any form including oral statements or documents outside the pleadings. It upheld the lower courts’ findings and ordered circulation of this order to High Courts and District Judiciary for uniform understanding.
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