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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Mohan Gangaram Narang – Appellant
Versus
City and Industrial Development Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. impersonation and forgery created invalid property deeds. (Para 1 , 2 , 3) |
| 2. parties dispute clarity of admissions in written statement. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. trial court deemed admissions ambiguous and conditional. (Para 10 , 11 , 12 , 20) |
| 4. order xii rule 6 permits discretionary speedy judgment on admissions. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. repeated ws statements imply plaintiff true owner, no transaction. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. decree on admission cancels forged deeds without full trial. (Para 30 , 31 , 32 , 33 , 34) |
JUDGMENT :
N.J. JAMADAR, J.
1. Rule. Rule made returnable forthwith. With the consent of the learned Counsel for the parties heard finally.
2. This Petition under Article 226 of the Constitution of India assails the legality, propriety and correctness of an order dated 12th September 2024 passed by the learned Civil Judge, Thane, on an Application (Exhibit 19) in RCS No. 240 of 2023, whereby the said Application preferred by the Petitioner-Plaintiff for a judgment on admission under Order XII Rule 6 of the Code of Civil Procedure, 1908 (“the Code”), came to be rejected.
3. Shorn of unnecessary details the
Admissions in written statement, including implied ones from claims of deception by impersonator and information plaintiff is real owner, justify decree under Order XII Rule 6 declaring deeds void wi....
A decree on admission under Order XII Rule 6 of the CPC requires clear, unconditional admissions of fact, which were absent in this case.
The main legal point established in the judgment is the Court's discretion to grant relief under Order XII Rule 6 of CPC based on admissions of fact, and the requirement for a strong defense to succe....
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.
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.
Judgment on admissions may be granted under Order XII Rule 6 when the Defendant accepts the tenancy and terms of rent, despite challenges to ownership.
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