Judgment on Admissions - Order XII, Rule 6, Civil Procedure Code, 1908

Overview

o Admissions of fact made in pleadings or otherwise (orally or in writing) allow the Court to give judgment based on those admissions at any stage of the suit.

o The Court can do so on its own motion or upon application by any party, without waiting for other questions to be determined.

o Upon pronouncement of such a judgment, a decree is drawn in accordance, bearing the date of the judgment.

Meaning of Admission:

o Not defined in Civil Procedure Code, 1908: Defined in Section 17 of the Indian Evidence Act, 1872.

o Definition: A statement made (orally, in writing, or electronically) suggesting an inference to a fact-in-issue or relevant fact.

o Summary Judgment: Can be passed on a clear admission without trial if no different view is possible.

o Irrelevance of Admissions: Section 23 lists circumstances where admissions are not relevant; Section 58 states no need to prove admitted facts but allows court discretion to require proof.

Purpose of Order XII Rule 6

· Avoids Delays: Prevents the plaintiff from waiting for part of the decree when there is clear admission by the defendant.

· Expedites Trials: Secures immediate judgment if no dispute exists and admission entitles the plaintiff to a specific order.

Essentials for Judgment on Admission

· Criteria for Admission:

o Must be categorical, unequivocal, unconditional, and a matter of fact.

o Must be a conscious, deliberate act, intended to bind.

o Should be valid independently, not requiring additional evidence.

o Admissions in pleadings should be read wholly.

o Must be clear from the record, not left to court interpretation.

· Objective: Enable speedy judgment to the extent of admitted relief.

Nature of Relief

· Discretionary, Not Mandatory:

o The court has discretion to pass a decree based on admissions without determining other questions.

o Judgment on admission is without trial and permanently denies remedy to the defendant by way of appeal.

· Supreme Court Observation (Himani Alloys Ltd vs Tata Steel Ltd):

o Judgment can be based on categorical, conscious, and deliberate admissions.

o Judicial discretion should be exercised cautiously.

Circumstances to Decline Judgment on Admission

· Inappropriate Use:

o When complex questions of law arise.

o When serious legal questions need determination.

· Essential Ingredients:

o All elements of admission must be satisfied before passing a decree.

o Questions of law and fact raised require trial determination, not suitable for judgment on admission.

· Discretionary Power: The court “may” pass judgment based on admissions, indicating discretion rather than an obligation. Even with admissions, the court can require proof by other means.