Order XII Rule 6 CPC | Judgment On Admission Can Be Passed If Defence Set Up By Party Is So Weak That It Is Impossible To Succeed: Delhi HC

The Delhi High Court recently affirmed a judgment on admission, passed by the court below in exercise of its discretionary powers under Order XII Rule 6 of CPC, on the ground that the defence set up was such as to make it impossible for the party to succeed.In this regard, Justice V Kameswar Rao observed,"Order XII Rule 6 of the CPC can also be invoked when the objections raised. The Delhi High Court recently affirmed a judgment on admission, passed by the court below in exercise of its discretionary powers under Order XII Rule 6 of CPC, on the ground that the defence set up was such as to make it impossible for the party to succeed. It was the argument of the appellant that the Trial Court had listed the matter on arguments without the filing of a formal application by the respondent plaintiff under Order XII Rule 6. It stated that for a judgment on admission to be passed under Order XII Rule 6 of the CPC, the Court has to see as to whether the admission of facts is plain, unambiguous, and unequivocal and go to the root of the matter, which would entitle the other party to succeed; if the issue raised, involve the mixed question of fact and law, the same has to be adjudicated by way of evidence; the discretion conferred under Order XII Rule 6 of the CPC is to be exercised judiciously and not arbitrarily.