PRADEEP NANDRAJOG, JAYANT NATH
S. B. Sharma – Appellant
Versus
Shree Adya Katyayani Shaktipeeth ( Mandir) Trust – Respondent
Pradeep Nandrajog, J.
1. We are concerned in the above captioned batch of appeals with the provision of Order XII Rule 6 of the Code of Civil Procedure for the reason vide impugned judgment and order dated December 24, 2014 four identically worded suits against four defendants seeking a decree for recovery of possession and damages have been decreed in so far prayer made was for recovery of possession. The decree is on an admission.
2. The legislative provision, Order XII Rule 6 of the Code of Civil Procedure reads as under :-
“6. Judgment on Admission.-
(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, makes such order or gives 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.”
3. The word ‘otherwise’ after the expression ‘made
AIR 1999 SC 1464 D.M. Deshpande vs. Janardhan Kashinath Kadam
2011 (6) SCALE 677 Ramrameshwari Devi vs. Nirmal Devi (para 52)
AIR 2006 SC 1828 Mayar (H.K.) Ltd. & Ors. vs. Owners & Parties Vessel MV Fortune Express
AIR 1917 PC 6 Murugesam Pillai vs. Gnana Sambandha Pandara Sannadhi
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.