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J. B. PARDIWALA, UJJAL BHUYAN
Sheikh Abedin – Appellant
Versus
Iqbal Ahmed – Respondent
ORDER
1. This petition arises from the judgment and order passed by the High Court of Delhi dated 22.09.2022 in Regular Second Appeal No.92/2022 preferred by the petitioner before us by which the Second Appeal came to be dismissed by the High Court thereby affirming the original judgment and decree passed by the trial court and also the judgment and order passed by the First Appellate Court.
2. It appears from the materials on record that the respondents (original plaintiffs) before us instituted Civil Suit No.1162/2019 in the Court of Senior Civil Judge, South District, Saket Court, New Delhi for declaration and permanent injunction with respect to an open plot of land bearing No.P-229 out of Khasra No.431/260 Joga Bai Extension, Nafis Road, Jamia Nagar, Okhla, Batla House, New Delhi ad measuring 260 Sq. Yards.
3. It is the case of the original plaintiff that the subject plot was purchased by them from one Shri Dilbar Husain Malik by way of a General Power of Attorney, Agreement to Sell and Affidavit respectively dated 27.11.2000 for a total sale consideration of Rs.80,000/-. According to the plaintiffs, the appellant before us was appointed as a caretaker / Chowkidar of the subject
Judgment on admission – Decree in suit in favour of plaintiffs can be passed on strength of admission made by petitioner in course of criminal proceedings.
A decree on admission under Order XII Rule 6 of the CPC requires clear, unconditional admissions of fact, which were absent in this case.
For judgment under Order XII Rule 6, admissions must be clear and unconditional; conditional admissions do not suffice.
Decree on admission can be passed in a suit for possession, mandatory injunction, permanent injunction and mesne profit where facts are undisputed and admitted.
Admissions under Order XII Rule 6 CPC must be clear and unambiguous to justify a judgment without trial; ambiguous denials necessitate a full trial.
For a judgment on admission under Order XII Rule 6 of the CPC, clear and unambiguous admissions relevant to the issues at stake in the suit are required, and the power to grant relief under this rule....
Admissions in earlier litigations serve as substantial proof for decreeing a suit under Order XII Rule 6, particularly when compliance with the agreement is undisputed by the defendant.
A family settlement, even if unregistered, is binding if acted upon, and courts can issue a decree on admission when clear admissions exist, emphasizing the discretionary nature of Order XII Rule 6.
The court emphasized that admissions in pleadings and family settlements can warrant a decree without trial under Order XII Rule 6 of the CPC, reinforcing the binding nature of such settlements.
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