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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
HON'BLE SMT. JUSTICE MUKULIKA SHRIKANT JAWALKAR
Shiraz S/o Khurshedji Doongaji – Appellant
Versus
Jehangir S/o Khurshedji Doongaji – Respondent
JUDGMENT :
M.S. JAWALKAR, J.
1. Rule. Rule made returnable forthwith.
2. The petitioners are challenging the order dated 18.07.2023 passed Below Ex.26 in Special Civil Suit No.46/2020 by 6th Jt. Civil Judge, Senior Division, Nagpur, by which the application filed by the petitioners/Orig. Plaintiffs under Order XII Rule 6 of CPC for passing a decree on admission is rejected.
3. The petitioners/Orig. Plaintiffs and respondent/Ori. Defendant are the real brothers and sisters and children of Late Shri Khurshedji Edulji Doongaji and Smt. Najoo w/o Khurshedji Doongaji. The petitioners/Orig. Plaintiffs have filed a suit for Partition, Separate Possession, Mesne Profit and Perpetual Injunction against the Respondent/Ori. Defendant in respect of the 'suit property', which is described in Para 2 of the plaint.
4. According to the petitioners/Orig. Plaintiffs the petitioners and respondent each are entitled to 1/3rd share in the suit property. The names of petitioners/Ori. Plaintiffs and respondent/Ori. Defendant have been duly recorded in the revenue record and the same has also attained finality.
5. The suit property was jointly purchased in the name of the parents of the petitioners and the res
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.
Admissions in pleadings or related documents allow for expedited judgments under Order XII Rule 6 CPC, affirming that clear and unequivocal admissions can preclude the need for further evidence.
(1) Judgment on admission – For exercise of discretion by Court under Order XII Rule 6 of CPC, admission must be unequivocal – No particular form of admission is necessary – Judgment on admission is ....
A decree on admissions under Order XII Rule 6 is not justified where no clear admission exists, especially when the validity of the tenancy agreement is contested.
The trial court improperly relied on defendant's documents and evidence in dismissing the plaint at the preliminary stage under Order VII Rule 11, highlighting the necessity for evidence before decid....
The court emphasized the need for clear admissions and the appropriate use of discretion under Order XII Rule 6, ruling that judgments on admissions must be based on unequivocal facts, necessitating ....
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