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SUPREME COURT OF INDIA
J.B. PARDIWALA, R. MAHADEVAN, JJ.
Rajiv Ghosh – Petitioner
Versus
Satya Naryan Jaiswal – Respondent
Special Leave Petition (Civil) No. 9975 of 2025 (Diary No. 8323 of 2025)
Decided On : 07-04-2025
(A) Civil Procedure Code, 1908 – Order XII Rule 6 read with Rule 5 of Order 8 and Section 58 of Indian Evidence Act, 1872 – Judgment on admission – Where plaintiff claims a particular relief or reliefs against defendant and defendant makes a plain admission, former is entitled to relief(s) admitted by latter – Provisions of Rule 6 are enabling, discretionary and permissive – They are not mandatory, obligatory or peremptory – Powers conferred on court by this rule are untrammelled and cannot be crystallized into any rigid rule of universal application – They can be exercised keeping in view and having regard to facts and varying circumstances of each case – If court is of the opinion that it is not safe to pass judgment on admissions, or that a case involves questions which cannot be appropriately dealt with and decided on the basis of admission, it may refuse to pass a judgment and may insist upon clear proof of even admitted facts – To make order or to pronounce judgment on admission is at discretion of court – Court is not bound to grant relief to plaintiff only on the basis of admission of defendant – Plaintiff may move for judgment upon admission by defendant in his written statement at any stage of suit although he has joined issue on defence – Likewise, defendant may apply for dismissal of suit on the basis of admission by plaintiff in rejoinder – Court may, in an appropriate case, give a judgment at an interlocutory stage of proceedings on admission by a party – But if case involves questions which cannot conveniently be disposed of at a motion stage, court may not give judgment at that stage. (Paras 26, 28, 29, 30, 31, 39 and 40)
(B) Civil Procedure Code, 1908 – Order XII Rule 6 – [Section 2(g) of West Bengal Premises Tenancy Act, 1997] – Judgment on admission – Title suit for recovery of possession of tenanted premises – Trial Court adjudicated application and ultimately decreed suit having regard to specific admissions made by defendant – Defendant is son of original tenant – He claims his right to continue as a tenant in suit premises through his father who was original tenant – Having regard to clear and unequivocal admission made by defendant in his written statement, High Court committed no error much less any error of law in decreeing suit applying Order XII Rule 6 of CPC – Petition dismissed. (Paras 18, 44 and 47)
Facts of the case:
Present petition arises from the judgment and order passed by the High Court at Calcutta (Civil Appellate Jurisdiction) dated 14.11.2024 in FAT 7 of 2024 with IA No. CAN 1 of 2024 by which appeal filed by the petitioner herein came to be dismissed thereby affirming judgment and decree of eviction passed by Vth Bench, City Civil Court at Calcutta, District Calcutta dated 2nd December 2023 in title suit no. 1068 of 2021.
Findings of Court:
Registry shall circulate one copy each of this order to all the High Courts and the High Courts in turn shall circulate the order in their respective District judiciary.
Result : Petition dismissed.
ORDER :
1. Delay condoned in filing Special Leave Petition.
2. This petition arises from the judgment and order passed by the High Court at Calcutta (Civil Appellate Jurisdiction) dated 14.11.2024 in FAT 7 of 2024 with IA No. CAN 1 of 2024 by which the appeal filed by the petitioner- herein came to be dismissed thereby affirming the judgment and decree of eviction passed by the Vth Bench, City Civil Court at Calcutta, District Calcutta dated 2nd December 2023 in title suit no. 1068 of 2021.
3. For the sake of convenience, the petitioner-herein shall be referred to as original defendant and the respondent-herein shall be referred to as original plaintiff.
4. It appears from the materials on record that the plaintiff is the lawful owner of the suit premises in which the defendant claims to be the lawful tenant. The plaintiff instituted title suit no. 1068 of 2021 for recovery of possession and mesne profits against the defendant. The father of the defendant, Late Ranjan Ghosh was a regular tenant under the plaintiff in respect of the suit premises at a monthly rent of Rs. 1700 including corporation taxes.
5. Ranjan Ghosh, the original tenant passed away on 13.07.2016. It appears that the defendant being the son of Ranjan Ghosh was residing in the suit premises up to the date of demise of his father.
6. The plaintiff served a notice dated 20th July 2018 to the defendant informing him that since the original regular tenant, Ranjan Ghosh passed away on 13.07.2016 and the defendant being the son of the regular tenant who at the time of demise of the regular tenant was residing in the scheduled property he can at best take the benefit of his statutory right of inherited tenancy up to 5 years from the date of death of his father, Ranjan Ghosh on 13.07.2016.
7. The notice further informed the defendant that he cannot be regarded as tenant within Section 2(g) of the West Bengal Premises Tenancy Act, 1997.
8. The said notice was received by the defendant on 21.07.2018, however, the defendant failed to give any satisfactory reply.
9. In such circumstances referred to above, the plaintiff had to institute the title suit for recovery of the possession. The defendant filed his written statement and in the same he is said to have admitted few facts arising thereof. The defendant in his written statement admitted the following claims of the plaintiff.
b) The defendant admitted that the plaintiff is the owner of the scheduled property and the rent was paid till May 2021 to the plaintiff.
10. In view of the aforesaid admissions made by the defendant in his written statement, the plaintiff preferred an application before the trial court under Order XII Rule 6 of the Civil Procedure Code and prayed for a decree upon admission.
11. The application filed by the plaintiff under Order XII Rule 6 of the CPC was opposed by the defendant by filing reply which reads thus:
2. That there is no admission in the pleadings on behalf of the defendant, C.P. Code does not define the expression "admission" Section 17 of the Indian Evidence Act defines admission as a statement made in the oral, documentary or electronic form suggesting an inference to a fact in issue or relevant fact. Section 23 of the Indian Evidence Act lists the circumstances under which an admission will be relevant in civil cases. However, the proviso to the Section states that the Court has discretionary power to require the alleged admitted, facts to be proven by means other than such admission. It is pert
Judgment on admission – Where plaintiff claims a particular relief or reliefs against defendant and defendant makes a plain admission, former is entitled to relief(s) admitted by latter – Provisions ....
Whether there is a clear admission or not cannot be decided on the basis of a judicial precedent. The dispute with regard to the extent of the tenancy of the defendants being relevant in deciding the....
The main legal point established in the judgment is that a statement made by a party in another suit can be treated as an admission and form the basis for a judgment and decree upon admission in a su....
Judgment on admissions under Order XII Rule 6 CPC requires clear, unequivocal, and unconditional admissions; discretion must be exercised cautiously to protect the right to contest.
A decree on admissions under Order XII Rule 6 is not justified where no clear admission exists, especially when the validity of the tenancy agreement is contested.
A family settlement, even if unregistered, is binding if acted upon, and courts can issue a decree on admission when clear admissions exist, emphasizing the discretionary nature of Order XII Rule 6.
The court emphasized that admissions in pleadings and family settlements can warrant a decree without trial under Order XII Rule 6 of the CPC, reinforcing the binding nature of such settlements.
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