The main legal point established in the judgment is the importance of following the procedural requirements for admitting or denying documents in civil suits, as outlined in Order 12 Rule 3-A CPC.

JUDGMENT

Vivek Singh Thakur, J —Instant petition has been filed by the petitionerdefendant (hereinafter referred to as the defendant) assailing impugned order dated 17.8.2016 passed by learned Civil Judge (Senior Division) , Sirmaur at Nahan allowing an application under Order 12 Rule 3-A read with Section 151 CPC bearing CMA No. 19/6 of 2016 filed in civil suit No. 110/1 of 2012, by the respondent/plaintiff (hereinafter referred to as the plaintiff) whereby learned Civil Judge (Senior Division) , Nahan has ordered deemed admission of the documents on behalf of defendant, referred in application.

2. I have heard learned counsel for parties and have also gone through the record.

3. Controversy in present petition in brief is that after completion of pleadings i.e. filing of replication on 10.7.2013, the trial Court listed the case for presence of parties on 19.8.2013, for admission and denial and compliance of Section 89 CPC. The said order reads as under:-

"Replication filed. Taken on record. Let the file be listed for admission and denial and compliance of Section 89 CPC and presence of parties on 19.8.2013."

4. On 19.8.2013 defendant was not present and following order was passed:-

"Defendant is not present, hence, admission and denial could not be done. Let the file be listed for settlement of issues on 11.9.2013."

5. Thereafter, on 11.9.2013, plaintiff preferred an application under Order 12 Rule 3-A CPC praying for recording admission or denial in respect of documents referred in application or legal consequences and effects of neglect of the defendant to admit or deny the same.

6. Defendant contested the said application by stating that documents had not been supplied to him and contents of those documents required to be proved on merits and as such those documents could not be answered in application and as the pleadings for damages based on criminal jurisprudence were to be proved by plaintiff beyond all doubts and also by cross examining the defendant wherein the defendant would have opportunity to explain his version.

7. With regard to issue of absence of defendant on the date fixed for admission and denial i.e. 19.8.2013, raised in the application, it was explained that absence of defendant was on account of illness and it was also claimed that counsel for the defendant had submitted to the Court that admission and denial in present case was not possible as the defendant had to explain all documents and plainitff was required to prove his case and for that reason only, the Court had passed the order that admission and denial was not possible and case was fixed for framing of issues.

8. It is also convassed that once it has been recorded by the Court that admission and denial was not possible and case was listed for framing of issues, it was not permissible under law to again ask the defendant to admit or deny the documents as it was amounting to review of order dated 19.8.2013 without having any jurisdiction to do so as the powers under Order 12 Rule 2-A CPC were to be exercised by the Court only once and the Court had already exercised the said power and thereafter the case was proceeded further, and plainitff could have moved the application for admission only within seven days from service of notice of suit whereas application in present case was moved at belated stage i.e. after about one year of service of defendant and thus for all these reasons, maintainability of application was questioned.

9. Relying upon judgment of Punjab and Haryana High Court in case G.M.Worsted Spinning Mills vs. Lakshmi Commercial Bank Ltd. , (1986) AIR(Punjab and Haryana) 310(1985) 88 PLR 403) and referring the provisions of Order 12 Rules 2, 2-A, 3, 3-A CPC, learned Civil Judge has recorded the deemed admission of documents on behalf of defendant by allowing the application vide impugned order.

10. In civil suit admission may be of three kinds.

(I) Admission of fact;

(II) Admission of document;

(a) Admission of documents along with c