JUDGMENT :

S.K. MISHRA, J.-

The Order Dated 04.01.2013 passed in Civil Suit No.198 of 2008 of the Court of Civil Judge (S.D.), Rourkela is in question in this case.

2. An application was filed under Order 12 Rule 6 of the Code of Civil Procedure, 1908 (for short 'the Code') to pronounce the Judgment on the admissions made by the Defendant in the written statement. The Learned Civil Judge (S.D.) came to the conclusion that a Judgment & decree in respect of the admitted claim pending adjudication of dispute in the suit can be passed but the admission must be unequivocal, clear & positive. However, the factual finding of the Learned Civil Judge (S.D.) is that the Defendants are denying the assertions of the Plaintiffs. Therefore, he rejected the application for amendment.

3. The Learned Counsel for the Petitioners argued extensively referring to the pleadings of the parties & stated that the order passed by the Learned Civil Judge (S.D.) is factually incorrect. Such being the case, this Court exercising its jurisdiction under Article 227 of the Constitution should not go into the questions of fact to re-appreciate the matter & the Learned Counsel for the Petitioners submitted only on th