1996 Supreme(Del) 943

High Court Of Delhi
PUNJAB NATIONAL BANK - Appellant
Versus
S.KARTAR SINGH - Respondent
Decided On : 12/04/1996

The necessity to go through the entire trial before pronouncing judgment when evidence has started after parties are at issue and issues have been framed.

Headnote:

Order XII Rule 6 - Trial Procedure - The court found that the judgment and decree passed by the lower court was not justifiable as the evidence had started and issues had been framed. The court set aside the judgment and decree and remanded the matter for trial to commence from the stage where it was at the time of the impugned judgment and decree based on an application under Order XII Rule 6, CPC.

Fact of the Case:

The judgment and decree passed by the lower court was found to be not justifiable as the evidence had started and issues had been framed. An application was filed under Order XII Rule 6, CPC, for decreeing the suit based on alleged admissions in the written statement.

Finding of the Court:

The court found that the judgment and decree passed by the lower court was not justifiable and set it aside, remanding the matter for trial to commence from the stage where it was at the time of the impugned judgment and decree based on an application under Order XII Rule 6, CPC.

Issues: The issues in the matter had been framed and the plaintiff had completed the evidence which was to be led. An application was filed under Order XII Rule 6, CPC, for decreeing the suit on the basis of alleged admissions in the written statement.

Ratio Decidendi: Where evidence has started after parties are at issue and issues framed by the Court, it is necessary to go through the entire trial before pronouncing the judgment.

Final Decision: The judgment and decree of the lower court was set aside and the matter was remanded for trial to commence from the stage where it was at the time of the impugned judgment and decree based on an application under Order XII Rule 6, CPC.