O. 12

Punjab Law Reporter

Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 4 - Suit for Declaration - Contention that provisions cannot be invoked before filing the written statement - It would be probably appropriate that if the written statement is also filed and when issues are framed, any party may apply to a court under Order 12 Rule 4 CPC to cause admissions to be made and obviate the scope of proving matters which are admitted and thereby saving time and expenses for both the court and the parties for proving matters which are admitted. (179) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 6, Order 7 Rule 7 - Suits for possession filed by landlords against the tenants where the tenancy is a monthly tenancy and which tenancy can be terminated by means of a notice under Section 106 of the Transfer of Property Act - Once we take the service of plaint in the suit to the appellant/defendant as a notice terminating tenancy, the provision of Order 7 Rule 7 CPC can then be applied to take notice of subsequent facts and hold that the tenancy will stand terminated after 15 days of receipt of service of summons and the suit plaint.
Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 6 - "may" and "make such order" - Power is discretionary - It is an enabling provision which confers discretion on the Court in delivering a quick judgment on admission and to the extent of the claim. (S.C.)(180) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 6 - Appellant-defendant also filed the Suit for Specific Performance, which of course is contested by the respondent-landlord - When such issues arising between the parties ought to be decided, mere admission of relationship of landlord and tenant cannot be said to be an unequivocal admission to decree the suit under Order XII Rule 6 CPC. (S.C.)(180) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 6 - Arbitration and Conciliation Act, 1996 (26 of 1996) - Proceedings - Learned single Judge, in our view, has rightly held that the principles analogues to Order XII Rule 6 CPC are equally applicable to arbitration proceedings. (180) P.L.R. (Del.)
Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 6 - Confers wide discretion on the Court to pass judgment either at the stage of the suit on the basis of admission of the facts made in the pleadings or otherwise, but the Court shall later on decide the other questions which arise for consideration in the Suit. (S.C.)(180) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 6 - Earlier suit filed by the appellant on the same ground i.e. that the suit property was a HUF property, had been dismissed - Plaintiff filed suit against the defendant/appellant who is her son, for recovery of possession and damages alleging that she had purchased the suit property out of her own fund and she is the absolute owner, but part of the property was under the illegal occupation of the appellant-defendant - Having regard to the question of ownership already decided in the earlier suit filed by the defendant/appellant - The said issue need not have to be decided afresh and hence on the basis of the finding of ownership decided in favour of the plaintiff/respondent, the suit has to be decreed so far as the recovery of possession is concerned. (S.C.)(180) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 6 - Industrial Relocation Scheme 1996 - Because there is no clear and unequivocal admission of a proper allotment of industrial plot, as there was only a recommendation - In fact, there was no actual allotment of an industrial plot in favour of appellant/plaintiff - It is apparent from the statement of aforesaid B.L. that the recommendation was not forwarded to the concerned department - In such a situation, decreeing of suit on the basis of statement of an official of respondent-department recorded under Order 10 of CPC would not justify decreeing the suit by invoking the provisions of Order 12 Rule 6 CPC. (177) P.L.R. (Del.)
Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 6 - Provision makes it clear that it confers wide discretion on the court to pass a judgment at any stage of the suit on the basis of admission of facts made in the pleading or otherwise without waiting for the determination of any other question arose between the parties - Since the Rule permits the passing of judgment at any stage without waiting for determination of other question, it follows that there can be more than one decree that may be passed at different stages of the same suit - The principle behind Order XII Rule 6 is to give the plaintiff a right to speedy judgment so that either party may get rid of the rival claims which are not in controversy. (S.C.)(180) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 6 - Provisions of Order XII Rule 6 of the Code is not a mandatory provision rather discretionary - While exercising power of passing judgment on admission made in the pleading or otherwise, the Court must keep the matter pending for adjudication so far as other issues are concerned. (S.C.)(180) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 6 - Seeking judgment on admission for possession/ejectment with respect to the suit property - To succeed for judgment on admission - In a suit for possession/ejectment where tenancy has been duly terminated - Conditions to be proved. (177) P.L.R. (Del.)
Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 6 - Unregistered lease - Though required to be registered notice terminating the tenancy has been received - As held by us, the tenancy is month to month and terminable by fifteen days' notice and thus all ingredients required to seek ejectment of the appellant are established for the purposes of an application under Order XII Rule 6 CPC. (180) P.L.R. (Del.)
Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 8 - Motor Vehicles Act, 1988 (59 of 1988) S. 149 - Driving Licence - No notice under Order 12 Rule 8 of Code of Civil Procedure, 1908 (CPC) was issued to the insured to produce the driving licence of the driver who had caused the accident - Had any notice been issued to the insured, the owner (insured) might have come forward to prove that the licence was genuine or that there was any other driving licence on the basis of which he had employed the driver of the offending vehicle - In view of this, the Appellant Insurance Company has failed to discharge the initial onus placed on it that there was conscious and willful breach of the terms and conditions of the policy. (177) P.L.R. (Del.)
Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 8 - Object of Order XII Rule 8 of the Code is to facilitate the plaintiff or any other party to get a document on record which is not in their possession or in possession of the other party - If a document has been produced then it is the duty of the party who has asked for such production to get it placed on record - If, however, the said document is not placed on record, then adverse inference against the party who has produced the same cannot be drawn, more so, when the party who has produced the said document before the Court has been cross-examined vis-a-vis that document. (S.C.)(180) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 12, Rule 32, Order 21, Rule 37 - Judgment Debtor has been avoiding the execution of the decree for a pretty long time and conditional warrant of arrest has been issued only in accordance with law - More over, the Executing Court has issued conditional warrant of arrest and in case, the payment is made, the warrant of arrest shall automatically become ineffective, but at this stage, the present petitioner being Judgment Debtor cannot avoid the execution of Court decree. (182) P.L.R.