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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Nirmal Kumar
Madras Race Club, Represented by its Additional Secretary – Appellant
Versus
Jayapoorna Chandra Rao – Respondent
| Table of Content |
|---|
| 1. common order disposing petitions with same issue (Para 1) |
| 2. factual background and procedural history of suit (Para 2 , 3 , 8 , 9) |
| 3. parties' competing arguments on maintainability and title (Para 4 , 5 , 6) |
| 4. court’s analysis on admissions and dismissal of interlocutory applications (Para 7 , 10 , 11 , 12 , 13 , 14) |
ORDER :
Since the issue involved in both the Civil Revision Petitions is one and the same, they are disposed of by this common order.
3. The Petitioner / Plaintiff filed an Interlocutory Application in I.A.No.07 of 2023 in O.S.No.11761 of 2010 under Order XIV Rule 5 r/w Section 151 of CPC., to strike down the additional issues framed by the learned XVII Additional Judge, City Civil Court, Chennai, on 12.06.2023. Further, the Petitioner filed an Application in I.A.No.08 of 2023 under Order 12 Rule 6 of CPC., to claim Judgment on alleged admission from the written statement without waiting for determination of questions in controversy in the Suit without letting evidence. The learned XVII Additional Judge, City Civil Court, Chennai, dismissed the above Applications. Aggrieved over the same, the present Civil Revision Petitions have been filed.
5. Mr.N.S.Si
A decree based on admissions under Order 12 Rule 6 CPC can only be granted where admissions are clear and unequivocal; contentious issues of title and possession necessitate thorough evidence and fra....
For judgment under Order XII Rule 6, admissions must be clear and unconditional; conditional admissions do not suffice.
Amendments to pleadings must not alter the nature of the suit and must be sought with due diligence, particularly before trial commencement; claims based on adverse possession are limited to a 12-yea....
The Court may allow amendment of pleadings at any stage of the proceedings for just decision of the case and to determine the real questions in controversy between the parties.
Amendment of the plaint after a significant delay and after the commencement of trial, which would change the nature of the suit, is not permissible.
The Execution Court's rejection of a petition under Section 47 of the CPC was justified due to the petitioners' inconsistent claims over property ownership and tenancy, indicating a deliberate attemp....
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