Supreme Court: Judgement Cannot Be Delivered Based On Unclear, Ambiguous & Conditional Admissions | Order XII Rule 6 CPC

The Supreme Court in the case Rajesh Mitra @ Rajesh Kumar Mitra & Anr Versus Karnani Properties Ltd observed that as per Order XII Rule 6 of the Civil Procedure Code, 1908, CPC, a judgement cannot be delivered which is being based on an unclear and ambiguous admission.

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The court stated that the testimony supplied in an admission contains both mixed questions of fact and law then such kind of admission against the law can never be an 'admission' as visualized under Order XII Rule 6 of the Civil Procedure Code, 1908, CPC.

The bench comprising of Justice Sudhanshu Dhulia and Justice Prasanna B. Varale was hearing the present matter.

The bench in the case stated that the Order XII Rule 6 of the Civil Procedure Code, 1908, CPC is meant for speedy disposal of the suits in some cases but on the risk of repetition, this court would like to caution that unless there is a clear, unambiguous, unequivocal and unconditional admission, courts should not exercise their discretion under the Rule because judgement on admissions is without a trial which may even preclude a party to challenge the matter on merits in the court of appeal.

In the present case, the landlord sought eviction of the appellants or tenant which being on the ground that as per the West Bengal Tenancy Premises Act, 1997, New Act, he could not continue to remain in possession beyond five years after the death of his mother, 2009, who happened to be a tenant.