IMPORTANT POINT
The court affirmed that a judgment on admission under Order 12 Rule 6 CPC is valid when unqualified admissions exist, despite disputes over additional costs not included in the original agreement.

JUDGMENT :

(Robin Phukan, J.)

Heard Mr. B.K. Jain, learned counsel for the appellant and Mr. B.D. Deka, learned counsel for the respondents.

2. In this appeal, under Section 96 read with Order XLI Rule 1 of the C.P.C., the appellant has put to challenge the correctness or otherwise of the Judgment dated 01.02.2024, and the Decree dated 07.02.2024, passed by the learned Civil Judge (Senior Division) No. 3, Kamrup (M) at Guwahati, in Title Suit No. 413/2022.

3. It is to be noted here that vide impugned Judgment dated 01.02.2024, and Decree dated 07.02.2024, the learned Civil Judge (Senior Division) No. 3, Kamrup (M) at Guwahati has decreed the suit of the plaintiff on admission.

Background Facts:-

4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

“On 28.06.2021, the appellant herein and the respondents entered into an agreement for sale, vide Deed No. 8722/21, for purchase of a suit premises, described in Schedule ‘B’, at the sale consideration of Rs. 25,00,000/-. On the very day of execution the respondents have paid a sum of Rs. 13,00,000/-as advance and an additional sum of Rs. 4,00,000/-was also paid through cheque towards miscellaneous and incidental costs. In terms of the said agreement, the appellant was supposed to hand over the physical possession of the suit premises by 29.09.2021, to the respondents. But, the appellant had failed to fulfill its obligation. And till October, 2021, the respondents have paid a sum of Rs. 4,50,000/-for carrying out the interior works of the suit premises.

Then, on 09.12.2021, the respondents had sent a legal notice to the appellant to come forward and execute the sale deed and in response to the said notice, the appellant stated that the respondents are liable to pay a further sum of Rs. 27,85,400/-towards the extra work carried out in the suit premises.

The respondents have further pleaded that they have already paid an amount of Rs. 33,00,000/-to the appellant and only a sum of Rs. 50,000/-remains to be paid.

Then being left with no option, the respondents, as plaintiffs, had instituted a Title Suit No. 413/2022, for a decree for specific performance of contract, declaration and permanent injunction along with an application, being Misc. (J) Case No. 545/2022, under Order 39 Rules 1 & 2 read with Section 151 of the C.P.C. for temporary injunction in respect of the Schedule B Unit/Flat, as described in the Schedule ‘B’ of the plaint as well as application. Then, the appellant had contested the suit as defendant by filing written statement along with documents on 13.12.2022.

During the trial, the respondents herein had filed a petition, being Petition No. 3311/2023, under Order XII Rule 1 read with Section 151 of the C.P.C. for passing a judgment on admission.

Thereafter, hearing learned counsel for both the parties, the learned trial court, vide Judgment and Order dated 01.02.2024, has decreed the suit on admission. It was provided that the respondents are entitled to specific performance of the agreement for sale, bearing No. 8722/2021, dated 28.06.2021. It was further provided that the appellant is directed to execute a registered Sale Deed in favour of the respondents in respect of the suit flat as described in Schedule ‘B’ of the plaint by accepting the balance sale consideration of Rs. 50,000/-within a period of 3 months from the date of the decree. However, the learned trial court has accepted the counter-claim filed by the appellant and taken on record.”

Grounds:-

5. Being highly aggrieved and dissatisfied, the present appellant has preferred the present appeal, under Section 96, read with Order XLI Rule 1 of the C.P.C. for quashing and setting aside the impugned Judgment and Order dated 01.02.2024, along with Decree dated 07.02.2024, passed by the learned Civil Judge (Senior Division) No. 3, Kamrup (M) at Guwahati, in Title Suit No. 413/2022, on the following grounds :-

(I) The Ld. Civil Judge erred in invoking Order 12 Rule 6 CPC to pass