Important Point – Court has judicial discretion under Order 12 Rule 6 CPC to pass judgment on the basis of facts which emerge as admitted or undisputed.

1. The civil suit in the context of which application (IA 21329/2015) has been filed by the defendants seeking its dismissal in part with reference to “admissions”, invoking Rule 6 of Order XII of the Code of Civil Procedure, 1908 (CPC), was instituted in November 2014 for reliefs in the nature of declaration, partition and injunction by two plaintiffs, they being Sh. Arjun Singh Gupta (first plaintiff) and his wife Smt. Roopa Gupta (second plaintiff), Ajay Kumar Gupta (first defendant) and Alok Kumar Gupta (second defendant) being the sons of the said first plaintiff from out of his wedlock with Mrs. Archana Gupta, the said marriage of the first plaintiff having ended in divorce in July 1989, he having later entered into a second marriage with the said second plaintiff in 1991. The said first plaintiff Arjun Singh Gupta, however, died on 29.08.2015 and on this fact being brought on record, inter alia, through application (IA 19723/2015 under Order XXII Rule 1 and 2 CPC) the cause of action having survived between the remaining parties on record, the case has been further prosecuted solely by the second plaintiff asserting her own rights.

2. The plaint seeks the following reliefs :-

“(a). Pass a decree of declaration declaring the properties bearing No.(i). 19, Poorvi Marg, First Floor, Vasant Vihar, New Delhi, (ii). D-1/37, First Floor, Vasant Vihar, New Delhi (iii) D-1/37, Second Floor, Vasant Vihar, New Delhi to be properties of Arjun Singh Gupta HUF.

(b). A decree of partition dividing the HUF properties bearing No. :-

(i). 19, Poorvi Marg, First Floor, Vasant Vihar, Delhi. (ii). D-1/37, First Floor, Vasant Vihar, New Delhi.

(iii). D-1/37, Second Floor, Vasant Vihar, New Delhi In equal shares amongst the coparceners/parties to the present suit.

(c). A decree of declaration declaring the deed of execution dated 04.09.2014 alongwith its annexure as illegal, null and void.

(d). pass a decree of permanent injunction restraining the defendants from dispossessing the plaintiffs from property No.D-1/37, Second Floor, Vasant Vihar, New Delhi.

(e). Pass a decree of permanent injunction restraining the defendants from instructing the tenants of 19 Poorvi Marg, First Floor, to stop paying the entire rent of the said premises to the Arjun Singh Gupta as before or to interact with the said tenants.

(f). A decree for mandatory injunction may please be passed against the defendant no.1 directing him to return the original PAN cad and original title documents, pertaining to HUF and immovable properties and other investment papers and documents of HUF and plaintiffs, mentioned above.

(g). Cost of the suit be awarded to the plaintiffs and against the defendants.

(h). Pass such other further orders that this Hon’ble Court deems fit and proper in the circumstances of the case, in favour of the plaintiffs and against the defendants in the interest of justice.”

3. It is fairly conceded that the right to claim the other reliefs would depend on and be circumscribed by the relief in the nature of declaration as in prayer clause (a) vis-a-vis each of the three properties mentioned therein.

4. The case of the plaintiff as set out in the suit needs to be taken note of at some length, particularly because the “admissions” which are referred to seek dismissal of the case vis-à-vis two of the three subject properties, they being Flat nos. D-1/37, First Floor and D-1/37, Second Floor, both in Vasant Vihar, New Delhi, are sought to be drawn from such averments.

5. It is undisputed that the plaintiff having worked as senior technical specialist in United States of America (USA) returned to India, in 1989, to settle down here, which is around the time he entered into second marriage (in 1991) with the second plaintiff. It is not disputed that the first plaintiff was in receipt of about Rs.25 Crores as his share in the joint property inherited from his father which was sold sometime in 2006, the said inheritance having been put in the account of Hindu Undivided Fam