Judgment on admissions under Order XII Rule 6 CPC requires clear, unequivocal, and unconditional admissions; discretion must be exercised cautiously to protect the right to contest.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revisional application has been preferred against an order dated 27th September, 2024 passed by the learned Civil Judge (Senior Division), 7th Court at Alipore in Ejectment Suit No. 32 of 2022 CNR: WBSP02-001881-2022.

2. The learned Magistrate has rejected the petitioners/plaintiff’s prayer for decree on admission under order XII R 6 of CPC. On the findings as follows:-

“………The defendant also claims that on 01.06.2020, the defendant had verbally demanded extension of his tenancy through the said agreement dated 01.10.2019 and also prayed for adjustment of rents for another six months.

On perusal of the plaint, it appears that the plaintiff has demanded and prayed for mesne profit @ Rs.1,000/- per month from April, 2022 till the taking of khas possession but in this respect, there appears a point of dispute between the parties regarding the fact of extension of the right to occupy beyond the period as stated in the agreement dated 01.10.2019. So, merely on the basis of admission of rate of rent and execution of agreement dated 01.10.2019, the points of mesne profit and extension of right to occupy cannot be determined and so, the petition praying for disposal of the suit on the basis of admission of the defendant deserves to be rejected.

In this respect, as it appears that the intention of the provision of Order XII Rule 6 of the CPC is that the admission must be clear, unequivocal, unambiguous and unconditional. In this respect, as it has been observed by the Hon'ble Supreme Court and in (2022) Live Law Supreme Court Page 566 wherein the Hon'ble Court has been pleased to observe that the power to pass judgment on admission is discretionary and cannot be claimed as the matter of right. So, on the basis of consideration that though the defendant has admitted the rate of rent and also the execution of the agreement and merely as per Section 3 of West Bengal Premises Tenancy Act that disallows the Court to come to a conclusion that the defendant is a tenant in respect of the suit property but that does not set at the rest, the other disputes relating to the period of right to occupy and also the extension if any, that was allowed and also the mesne profit and in regards to such dispute, the Court is of the view that it cannot be adjudicated in terms of Order XII Rule 6 of the CPC so, the petition stands rejected on contest. Fix04/12/24 framing of issues………..”

3. Order XII Rule 6 CPC lays down as follows:-

“6. Judgment on admissions.-

(1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the Court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determination of any other question between the parties, make such order or give such judgment as it may think fit, having regard to such admissions.

(2) Whenever a judgment is pronounced under sub-rule (1) a decree shall be drawn up in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced.”

4. The Supreme Court in Rajesh Mitra @ Rajesh Kumar Mitra & Anr. Versus Karnani Properties Ltd., in Civil Appeal Nos. 3593-3594 of 2024, decided on 20 September, 2024, the Court held:-

“3. ……………………

6. Judgment on admissions.— (1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the Court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determination of any other question between the parties, make such order or give such judgment as it may think fit, having regard to such admissions. (2) Whenever a judgment is pronounced under sub-rule (1) a decree shall be drawn up in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced.

no.1 which was made in another unconnected matter, as to our mind, it does not pass muster the test of “ad