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1976 Supreme(HP) 12

D.B.LAL
SIMLA WHOLESALE MART – Appellant
Versus
BAISHNODAS KISHORI LAL BHALLA – Respondent


JUDGMENT

Admissions of fact - Judgment upon admissions of fact - When can be given. Judgments upon admission under O.12, R.6 are matters of discretion and not of right. Where the case involves questions which cannot be conveniently disposed of on a motion under R.6, the Court should, in exercise of its discretion, refuse the motion. Before a Court can act under R.6, admission must be clear and unambiguous and the amount due and recoverable must be due and recoverable in action in which admission is made. (Para 5) Advocate(s): A.K. Goel, for Plaintiffs Miss. Kamlesh Sharma, for Defendants. ORDER 1. The plaintiffs filed a suit for recovery of Rs. 60,000/-. It is stated in the plaint that the defendants purchased goods from the plaintiffs and in that connection advanced certain payments. The cheques issued by the defendants in favour of the plaintiffs were dishonoured and as such the plaintiffs have ascertained a definite sum which according to them is due from the defendants. The contest of the defendants in their written statement is that the plaintiffs and the defendants entered into business dealing and their account was open, mutual and current. The said account is not yet finally






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