Rajiv Ghosh Vs Satya Naryan Jaiswal
The case is between Rajiv Ghosh & Satya Naryan Jaiswal, embodying a critical question of Law, i.e., Whether, under Order XII Rule 6 of the Civil Procedure Code (CPC), a ‘judgment on admission’ can be delivered at any stage of the suit, relying on oral or written admissions, including those made outside the pleadings, and without the need for a separate application to invoke the provision?
The fact of the case was that the plaintiff is the lawful owner of the suit premises in which the defendant claims to be the lawful tenant. The father of the defendant, the Late Ranjan Ghosh was an original tenant and passed away on 13.07.2016. The plaintiff had to institute the title suit for recovery of the possession wherein the defendant filed his written statement and admitted a few facts in view of the admissions, the plaintiff preferred an application before the trial court under Order XII Rule 6 of the Civil Procedure Code and prayed for a decree upon admission.
The Supreme Court held that since the object of sub-rule (1) is to enable the plaintiff to obtain a judgment based on the defendant’s admission, he must receive the benefit of that immediately without waiting for the determination of the “non-admitted claim. ” Sub-rule (2) requires the court to prepare a decree in accordance with the judgment on admission, which the plaintiff can execute. In such cases, there may be two decrees: (i) for the admitted claim; and (ii) for the “non-admitted” or contested claim.
The significance of this case lies in its interpretation of procedural law and its impact on judicial efficiency. The Supreme Court’s decision underscores a pivotal question. By affirming that a plaintiff is entitled to immediate relief based on such admissions, the Court reinforces the principle that procedural mechanisms should serve justice without unnecessary delay. This ruling is both a relief for litigants seeking expedited redress and a reminder of the importance of clarity in pleadings and admissions. As the legal community digests this interpretation, it sets a precedent for balancing procedural rigour with judicial pragmatism.