Case Note & Summary
The Petitioner, filed a Writ Petition under Article 226 of the Constitution of India challenging the Civil Judge, Thane's order dated 12th September 2024 that rejected his Application for judgment on admission under Order XII Rule 6 of CPC in RCS No. 240 of 2023. The Petitioner claimed to be the original allottee of a tenement in Navi Mumbai and alleged that Defendant Nos. 4 and 5, with the help of Defendant No. 3 society, prepared forged documents including a Deed of Apartment dated 10th October 2016 and a Conveyance Deed dated 30th November 2016, transferring the property to Defendant No. 4 through impersonation. CIDCO revoked the NOC and permission to sell upon discovering the fraud. In his Written Statement, Defendant No. 4 admitted in paragraphs 22(j) and (m) that the Plaintiff was the real owner and he had purchased the property from an impersonator. The Petitioner argued these were clear admissions warranting judgment under Order XII Rule 6. The Civil Judge rejected the Application, finding no clear, unambiguous, and unconditional admission. The High Court, after hearing arguments and examining the pleadings, held that the admissions in the Written Statement were unequivocal and satisfied the requirements of Order XII Rule 6. The Court set aside the Civil Judge's order and remanded the matter for reconsideration of the Application on merits.
Headnote
The High Court of Judicature at Bombay allowed a Writ Petition under Article 226 of the Constitution of India challenging the Civil Judge's order rejecting an Application for judgment on admission under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) -- The Petitioner-Plaintiff sought a declaration that forged Deed of Apartment and Conveyance Deed were null and void -- Defendant No. 4's Written Statement contained admissions in paragraphs 22(j) and (m) acknowledging the Plaintiff as real owner and purchase from an impersonator -- The Civil Judge held these were not clear admissions -- The High Court held the admissions were unequivocal and satisfied Order XII Rule 6 requirements -- The Court set aside the Civil Judge's order and directed reconsideration of the Application
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Issue of Consideration: The Issue of Consideration was whether the Civil Judge erred in rejecting the Application for judgment on admission under Order XII Rule 6 of CPC by finding no clear, unambiguous, and unconditional admission in Defendant No. 4's Written Statement
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Final Decision
The High Court Partly allowed the Writ Petition, set aside the Civil Judge's order dated 12th September 2024, and remanded the matter to the Civil Judge for reconsideration of the Application for judgment on admission under Order XII Rule 6 of CPC on merits
