Categorical & Unconditional Admissions Are Required For Granting Relief Under Order XII Rule 6 Of CPC: Delhi HC

The Delhi High Court in a suit held that categorical and unconditional admissions are required for the granting of relief under Order XII Rule 6 of the Code of Civil Procedure.

The Court observed that its power is discretionary and cannot be claimed as a matter of right.

A Single Bench of Justice Chandra Dhari Singh asserted, “… mere admission of entering into an arrangement or contract cannot be taken into consideration in isolation without taking into account the additional objections of the appellant-defendants that certain pages in the agreement to sell were fabricated. Categorical and unconditional admissions are required for the granting of relief under Order XII Rule 6 of the CPC.”

Advocate Abhishek Aggarwal appeared for the plaintiff while Advocate Manoj Singh represented the defendant.

In this case, the plaintiff filed a suit for declaration, permanent and mandatory injunction seeking directions qua eviction of the defendants and for recovery of mesne profits, and damages on account of unauthorized occupation. The suit was filed under the Order XII Rule 6 of the CPC.

The defendant chose not to respond to the plaintiff's claim that the defendant issued a relinquishment deed in the plaintiff's favour, renouncing her 20% interest in the suit property. As a result, the defendant made an unequivocal acknowledgment.

The High Court after hearing the contentions of both parties noted, “Order XII Rule 6 of the C.P.C governs judgments on admission verbatim. … Admission is without a doubt a common law norm. The main goal of this rule is to make it possible for a party to quickly obtain judgment in cases when such admission is made. The trick is to interpret this norm in a way that allows for swift justice while being careful not to trample on the right to a fair defence by taking into account the specifics of each case.”

The Court said that the application filed by the plaintiff under Order XII Rule 6 of the CPC fails to establish a clear and unambiguous admission on part of the defendant.

“… the relinquishment deed, relied upon by the plaintiff to establish a case of ‘Judgment on Admission’, has been revoked by the defendant, therefore, the same cannot come to support the case of the plaintiff”, the Court further said.

Accordingly, the Court dismissed the application.

Cause Title- Rajinder Singh Bhatia v. Manju Bhatia (NEUTRAL CITATION NO. 2023/DHC/001010)

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