Order XII Rule 6 CPC - Power To Pass Judgment On Admissions Discretionary Cannot Be Claimed As A Matter Of Right: Supreme Court
2 years, 5 months ago

Order XII Rule 6 CPC - Power To Pass Judgment On Admissions Discretionary Cannot Be Claimed As A Matter Of Right: Supreme Court

Live Law  

The Supreme Court observed that the power to pass judgment on admissions under Order XII Rule 6 of Code of Civil Procedure is discretionary and cannot be claimed as a matter of right.The said power is discretionary which should be only exercised when specific, clear and categorical admission of facts and documents are on record, otherwise the Court can refuse to invoke the power. The Supreme Court observed that the power to pass judgment on admissions under Order XII Rule 6 of Code of Civil Procedure is discretionary and cannot be claimed as a matter of right. The said power is discretionary which should be only exercised when specific, clear and categorical admission of facts and documents are on record, otherwise the Court can refuse to invoke the power of Order XII Rule 6, the bench comprising Justices Indira Banerjee and JK Maheshwari observed. Case details Karan Kapoor vs Madhuri Kumar | 2022 LiveLaw 567 | CA 4545 OF 2022 | 6 July 2022 Coram: Justices Indira Banerjee and JK Maheshwari Headnotes Code of Civil Procedure, 1908 ; Order XII Rule 6 - The power to pass judgment on admissions is discretionary and cannot be claimed as a matter of right - The said power should be only exercised when specific, clear and categorical admission of facts and documents are on record, otherwise the Court can refuse to invoke it - Referred to S.M.

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History of this topic

CPC | Power Of Court To Preserve Existing Condition Of Property Distinct From Power To Ascertain, Collect Or Elucidate Facts In Dispute: J&K HC
9 months, 1 week ago

CPC | Power Of Court To Preserve Existing Condition Of Property Distinct From Power To Ascertain, Collect Or Elucidate Facts In Dispute: J&K HC

Live Law  

Making a crucial distinction between two key provisions of the Civil Procedure Code - Order 39 Rule and Order 26 Rule the Jammu and Kashmir and Ladakh High Court has highlighted that Order 39 Rule primarily aims to record the existing condition of property to monitor changes or interference by parties, while Order 26 Rule focuses on elucidating facts relevant …

Written Statement Must Have Para-Wise Reply To Plaint; Allegations Deemed To Be Admitted Unless Specifically Denied : Supreme Court
9 months, 2 weeks ago

Written Statement Must Have Para-Wise Reply To Plaint; Allegations Deemed To Be Admitted Unless Specifically Denied : Supreme Court

Live Law  

The Supreme Court on Monday observed that the failure of the defendant to give para wise reply against the claim made by the plaintiff would make the allegations made in the plaint as admitted against the defendant.“Order VIII Rules 3 and 5 CPC clearly provides for specific admission and denial of the pleadings in the plaint. After finding that there …

Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court
1 year, 1 month ago

Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court

Live Law  

The Supreme Court on Tuesday held that a plaint cannot be rejected in part under Order VII Rule 11 of the Code of Civil Procedure, 1908. The Court also reiterated that when a plaint does not disclose a cause of action, it is liable to be rejected under Order VII Rule 11. However, the High Court allowed the application under …

Order VIII Rule 6 CPC | Can't Reject Counter Claim If Omissions Pointed Only At Appellate Stage, Not During Trial: Kerala High Court
1 year, 3 months ago

Order VIII Rule 6 CPC | Can't Reject Counter Claim If Omissions Pointed Only At Appellate Stage, Not During Trial: Kerala High Court

Live Law  

The Kerala High Court has held that counterclaims have to be filed in accordance with the procedure prescribed under Order VIII Rule 6A-6G of CPC and any omissions in form and content of counterclaims has to be pointed by the opposite party at the trial stage itself. The counsel for the plaintiffs submitted that the counter claims filed by the …

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court
1 year, 3 months ago

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court

Live Law  

The Kerala High Court recently laid down that the failure to raise objections before the proclamation of sale as prescribed under Order XXI Rule 90 CPC does not preclude the appellant from challenging the sale if the mandatory procedures under Order XXI Rule 64 were not complied with. Order XXI Rule 64 CPC deals with the power of the court …

Order 6 Rule 17 CPC Aims To Advance Substantial Justice Through Amendment Of Pleadings & Not To Impede It : Jammu And Kashmir High Court
1 year, 6 months ago

Order 6 Rule 17 CPC Aims To Advance Substantial Justice Through Amendment Of Pleadings & Not To Impede It : Jammu And Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that the actual purpose of Order 6 Rule 17 of the Code of Civil Procedure in the legal system is to advance the cause of justice rather than impede it. In a matter under Article 227 of the Constitution of India the petitioner had assailed an order passed by Sub …

Stage Of Defendant Producing Documents Under Order VIII Rule 1A(3) CPC Distinct From Tendering Additional Evidence Under Order XLI Rule 25: Sikkim High Court
1 year, 9 months ago

Stage Of Defendant Producing Documents Under Order VIII Rule 1A(3) CPC Distinct From Tendering Additional Evidence Under Order XLI Rule 25: Sikkim High Court

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The Sikkim High Court on Monday underlined the difference between Order VIII Rule 1 A CPC which deals with timeline of filing written statement by the defendant and producing relevnant documents on record, and Order XLI Rule 25 CPC which paves way for a party to tender additional evidence before the trial court after new issues are framed by the …

Is Order XXV Rule 1(1) CPC Mandatory? Delhi High Court Larger Bench To Decide
1 year, 11 months ago

Is Order XXV Rule 1(1) CPC Mandatory? Delhi High Court Larger Bench To Decide

Live Law  

The Delhi High Court has referred the issue relating to the interpretation of Order XXV Rule 1 of the Code of Civil Procedure to a larger bench. Observing that appears to be a "clear inconsistency" in the views expressed by different coordinate benches of the high court on whether the proviso to Order XXV Rule 1 of CPC is mandatory …

Order I Rule 10 CPC | Theory Of Dominus Litis Can't Be Overstretched To Exclude Necessary Parties From Suit: Bombay High Court
2 years, 2 months ago

Order I Rule 10 CPC | Theory Of Dominus Litis Can't Be Overstretched To Exclude Necessary Parties From Suit: Bombay High Court

Live Law  

The Bombay High Court has recently held that the trial court has "full power" under Order I Rule 10 of the Civil Procedure Code to add a party as defendant if necessary to decide a suit, even if the plaintiff does not choose to implead said party. Justice Sandeep V. Marne of the Aurangabad Bench dismissed a writ petition challenging …

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC
2 years, 4 months ago

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC

Live Law  

The Sikkim High Court recently dismissed a petition filed under Article 227 of the Constitution seeking permission to amend plaint and file a written statement to the counter-claim filed by the respondents, pending proceedings before the Civil Court under Order XLI Rule 25 CPC.The provision provides that an Appellate Court may frame certain additional issues for examination and refer them. …

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court
2 years, 5 months ago

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court

Live Law  

The Delhi High Court has held that applications under Order XXII Rule 3 of CPC for substitution of legal heirs, or under Order XXII Rule 9 of the Code for setting aside abatement of proceedings must be considered liberally. The issues that arose for consideration in this case were– whether the consumer complaint case filed by the respondents had abated …

Order 6 Rule 17 CPC | Party Must Show That Proposed Amendment Could Not Have Been Brought Earlier Despite Exercise Of Due Diligence: P&H High Court
2 years, 5 months ago

Order 6 Rule 17 CPC | Party Must Show That Proposed Amendment Could Not Have Been Brought Earlier Despite Exercise Of Due Diligence: P&H High Court

Live Law  

The Punjab and Haryana High Court while upholding Trial Court's judgment dismissing an application filed under Order 6 Rule 17 of CPC for amendment of written statement on ground of delay, held that parties seeking amendment must show that despite exercise of due diligence, the proposed amendment could not have been brought forth earlier or before the commencement of the …

[Order VII Rule 11 CPC] Quantum Of Damages Can Only Be Decided After Trial, Not Ground To Reject Plaint: Delhi High Court
2 years, 5 months ago

[Order VII Rule 11 CPC] Quantum Of Damages Can Only Be Decided After Trial, Not Ground To Reject Plaint: Delhi High Court

Live Law  

The Delhi High Court has observed that a plaint cannot be rejected under Order VII Rule 11 of the CPC on the basis that the quantum of damages claimed in it cannot be granted.Justice Amit Bansal observed that quantum of damages to be awarded to the plaintiff can only be decided after the trial. The Delhi High Court has observed …

Purchaser Of Suit Property Cannot File Application Under Order XXI Rule 97 CPC Objecting Execution Of Decree By Decree Holder: Supreme Court
2 years, 5 months ago

Purchaser Of Suit Property Cannot File Application Under Order XXI Rule 97 CPC Objecting Execution Of Decree By Decree Holder: Supreme Court

Live Law  

The Supreme Court observed that purchaser of the suit property from the decree holder is not entitled to file an application under Order XXI Rule 97 of Code of Civil Procedure Code, 1908 objecting execution of the decree by the decree holder.BackgroundIn this case, a Suit filed by late Shri N.D. Mishra was decreed by the Trial Court restraining the …

Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC
2 years, 6 months ago

Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC

Live Law  

The Delhi High Court has observed that there is no mandate, in law or otherwise, requiring the executing court to decide the application under Order XXI Rule 26 of Code of Civil Procedure for stay of execution proceedings, on the very first day.Justice C Hari Shankar added that the Executing Court is entitled to call upon the Decree Holder to …

Orissa High Court Notifies CPC (Odisha Amendment) Rules, 2022 As Introduced By Court Under Sections 122 R/W 127 CPC
2 years, 6 months ago

Orissa High Court Notifies CPC (Odisha Amendment) Rules, 2022 As Introduced By Court Under Sections 122 R/W 127 CPC

Live Law  

The Orissa High Court, by using its power under Section 122 of the Code of Civil Procedure, 1908, had published the draft of the Code of Civil Procedure Rules, 2022, on 20th April 2022, after obtaining due approval from the State Government. In the First Schedule to the Code of Civil Procedure, 1908- Changes in Relation to Addition of Parties: …

CPC | No Prohibition On Third Party To Proceed Under O. 21 R. 97, 99 & 101 Even After Rejection Of Impleadment Under O. 1 R. 10: Orissa High Court
2 years, 7 months ago

CPC | No Prohibition On Third Party To Proceed Under O. 21 R. 97, 99 & 101 Even After Rejection Of Impleadment Under O. 1 R. 10: Orissa High Court

Live Law  

The Orissa High Court has held that there is 'no prohibition' to bring an application under Order 21 Rules 97, 99 and 101 even after rejection of a similar application under Order 1 Rule 10, CPC. In view of these provisions, a Single Judge Bench of Justice Biswanath Rath observed, "So far as the ground assailing the impugned order that …

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
2 years, 7 months ago

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

Live Law  

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 …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 7 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court
2 years, 8 months ago

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court

Live Law  

The Delhi High Court has observed that the power under Order XXXVIII Rule 5 of Code of Civil Procedure cannot be exercised by High Court mechanically or merely for the asking of plaintiff to the suit. Justice Amit Bansal observed,"provisions of Order XXXVIII Rule 5 of the CPC have to be used sparingly and that the plaintiff has to satisfy …

Order VII Rule 11 CPC - Court Has To Read Plaint As A Whole; Can't Reject It Only Reading Few Lines : Supreme Court
2 years, 9 months ago

Order VII Rule 11 CPC - Court Has To Read Plaint As A Whole; Can't Reject It Only Reading Few Lines : Supreme Court

Live Law  

While considering an application for rejection of plain under Order VII Rule 11 CPC, the Court has to go through the entire plaint averments and cannot reject the plaint by reading only few lines/passages and ignoring the other relevant parts of the plaint, the Supreme Court has held.A bench comprising Justices MR Shah and BV Nagarathna set aside the judgment …

Order XXI Rule 34 CPC Cannot Be Diluted; Execution Court Has Duty To Invite Objections From Judgment Debtor To Draft Document/Deed : Supreme Court
2 years, 9 months ago

Order XXI Rule 34 CPC Cannot Be Diluted; Execution Court Has Duty To Invite Objections From Judgment Debtor To Draft Document/Deed : Supreme Court

Live Law  

The Supreme Court observed that the provisions of Order XXI Rule 34 of the Code of Civil Procedure cannot be diluted and it has to invite objections from the judgment debtor to the draft deed/document submitted by the decree holder. The court noted the scheme of Order XXI Rule 34 as follows: -If the judgment debtor neglects or refuses to …

CPC Order VIII Rule 1| Belated Filing Of Documents By Defendant Not Permissible Without Leave Of Court: Delhi High Court
2 years, 10 months ago

CPC Order VIII Rule 1| Belated Filing Of Documents By Defendant Not Permissible Without Leave Of Court: Delhi High Court

Live Law  

The Delhi High Court recently reiterated that "provisions of Order VIII Rule 1 CPC make it clear that a document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit". It …

Filing Affidavits Of Personal Assets Not Permitted Under Order XXI Rule 37 CPC: Delhi High Court
2 years, 10 months ago

Filing Affidavits Of Personal Assets Not Permitted Under Order XXI Rule 37 CPC: Delhi High Court

Live Law  

The Delhi High Court has held that Order XXI Rule 37 of the Code of Civil Procedure does not provide for a judgment debtor or its directors to file their list of assets.Justice Amit Bansal thus set aside the order of the District Judge, Patiala House Courts directing the Directors of the Judgement-Debtor Company to file affidavits of personal assets. …

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court
3 years ago

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a decree can be passed under Order XII Rule 6 of Code of Civil procedure at any stage of the suit where admissions of facts have been made either in the pleadings or otherwise. Mudagal quashed the order of the Trial Court, by which it had rejected the application made by petitioners under …

Order XXI Rule 16 CPC - Transferee Of Rights In Subject Matter Of Suit Can Apply For Execution Without Separate Assignment Of Decree : Supreme Court
3 years, 2 months ago

Order XXI Rule 16 CPC - Transferee Of Rights In Subject Matter Of Suit Can Apply For Execution Without Separate Assignment Of Decree : Supreme Court

Live Law  

The Supreme Court observed that the Explanation to Order XXI Rule 16 of the Code of Civil Procedure, removed the distinction between an assignment pre-the decree and an assignment post the decree.Thus, the court observed that there is no bar under Order XXI Rule 16 against assignee who acquired rights prior to decree from making an application to execute the …

[CPC] Court May Grant Leave Under Order XI Rule 5 To File New Documents Not Filed With Plaint: Delhi High Court
3 years, 4 months ago

[CPC] Court May Grant Leave Under Order XI Rule 5 To File New Documents Not Filed With Plaint: Delhi High Court

Live Law  

The Delhi High Court recently ruled that under Order XI Rule 5 of the Civil Procedure Code, the court can grant leave to the plaintiff to file documents that were not filed with the plaint.Justice Asha Menon while observing so, allowed a petition that challenged the order of the Trial Court dismissing applications to place additional documents on record which …

CPC - Application To Amend Admissions Can Be Entertained Even After Judgment Is Reserved Under Order XII Rule 6 : Delhi High Court
3 years, 4 months ago

CPC - Application To Amend Admissions Can Be Entertained Even After Judgment Is Reserved Under Order XII Rule 6 : Delhi High Court

Live Law  

The Delhi High Court has observed that a Court is permitted to entertain an application to amend an admission made in pleadings even after reserving judgment on the basis of admission under Order XII Rule 6 of the CPC.A single judge bench of Justice Asha Menon was dealing with petitions challenging the order dated 4th August 2020 wherein the Trial …

Order VII Rue 11 CPC: Court Has Inherent Power To See That Frivolous Or Vexatious Litigations Are Not Allowed To Consume Its Time: Supreme Court
3 years, 9 months ago

Order VII Rue 11 CPC: Court Has Inherent Power To See That Frivolous Or Vexatious Litigations Are Not Allowed To Consume Its Time: Supreme Court

Live Law  

The Supreme Court observed that the provisions of Order VII Rue 11 are not exhaustive and the Court has the inherent power to see that frivolous or vexatious litigations are not allowed to consume the time of the Court.In this case, the plaintiff filed a Civil Suit in the original side of the Madras High Court challenging a sale deed …

[Order VII Rule 11 CPC] If Plaint Does Not Disclose Cause Of Action Or Suit Is Barred By Any Law, The Court Has No Option But To Reject The Plaint: SC [Read Judgment]
4 years, 5 months ago

[Order VII Rule 11 CPC] If Plaint Does Not Disclose Cause Of Action Or Suit Is Barred By Any Law, The Court Has No Option But To Reject The Plaint: SC [Read Judgment]

Live Law  

In a judgment delivered today, the Supreme Court has observed that the provision of Order VII Rule 11 Code of Civil Procedure regarding 'Rejection of Plaint' is mandatory in nature. In this case, the Trial Court, had allowed the application filed by defendants under Order VII Rule 11, CPC holding that the suit filed by the Plaintiff was barred by …

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