Court Dismisses Plaintiff's Application for Decree on Admission in Property Dispute. Lack of clear and unequivocal admissions by Defendants leads to rejection; Trial Court directed to expedite proceedings within one year.

Case Note & Summary

The Plaintiff sought a decree on admission under Order XII Rule 6 of the Civil Procedure Code (CPC), based on alleged admissions by the Defendants regarding ownership of a disputed property. The court found no clear, unconditional, and unequivocal admissions by the Defendants that would warrant such a decree. Consequently, the Plaintiff's application was dismissed, and the Trial Court's order rejecting the application was upheld. The court also directed the expedited determination of the suit within one year.

Constructive Admission Argument Plaintiff's Argument: Constructive admission should be derived from pleadings even if not unequivocal, unconditional, specific, or express. Reference Case: Shikharchand Vs. Bari Bai (Madhya Pradesh High Court) Explanation by G.P. Singh, J.: Rule 6 of Order 12 CPC corresponds to Rule 5 of Order 32 of the Supreme Court Rules (English), now Rule 3 of Order 27. Case Discussed: Ellis V. Allen - Admission used for ejectment decree. Conclusion: Rule 6 allows admissions made in pleadings or elsewhere during the trial. Supreme Court Approval and Discretionary Nature Supreme Court Judgment: Karam Kapahi and Ors. Vs. Lal Chand Public Charitable Trust and Anr. Nature of Rule 6: Enabling, discretionary, and pervasive, not mandatory. Application to Current Case: Plaintiff's claims do not match suit property in terms of area or averment. Additional Supreme Court Reference Case Cited: Karan Kapoor Vs. Madhuri Kumar (Civil Appeal No. 4545 of 2022) Legislative Intent: Use of the word "may" indicates discretion. Discretionary Power: Specific, clear, and categorical admissions needed to bypass trial. Opposition and Pleadings Defendants' Opposition: Longstanding dispute since 2010. Exhibit "K": Defendants' substantive dispute with Development Agreements and Power of Attorneys from 2001. Order XII Rule 6: Constructive admission cannot be made out from previous counter-claims. Trial Court Findings and Directions Trial Court Decision: Agreement with Trial Court's findings; no interference. Application Dismissed: Plaintiff's application under Order XII Rule 6 is frivolous. Court's Directions: Expedited determination of suit within one year; Defendants to file written statements within 4 weeks. Conclusion CRA Dismissed: No decree on admission granted. Trial Court Instructions: Proceed without influence from previous observations, determine suit based on evidence.