Decree on admission

When admission was not clear and unequivocal and pleadings of parties raised serious preliminary pleas, which were likely to non-suit a party, Court in its discretion could refuse to pass a decree.

Plaintiff filed application for passing of decree in his favour on the basis of admission made by defendant but Single judge of High Court dismissed the application

Validity

Admission on the basis whereof a decree was sought must be specific clear, unambiguous, categorical and definite

Admission made by original defendant did not meet criteria of an admission on the basis whereof a decree could be passed except that such admission was in connected suit

If provisions of O.XII, R.6, C.P.C. were read in a manner to restrict admission only to the extent of pleadings in suit wherein the court was asked to enter a decree in favour of plaintiff on the basis of admission, words 'or otherwise' would become redundant, therefore, there was no justification to confine admission to the extent of pleadings only

Division Bench of High Court declined to interfere in order passed Single Judge

High Court appeal was dismissed, in circumstances.

Plaintiff filed application for passing of decree in her favour on the basis of admission made by defendant company in its written statement

Validity

Admission must be taken as a whole and it was not permissible to rely on a part of admission ignoring the rest

Plaintiff asserted on the basis of statement of defendant company that it had agreed to execute lease but on the other hand plaintiff ignored remaining part of statement which showed that it was merely an offer for resolution of entire controversy by way of amicable solution

Court could not accept one portion of written statement as admission while ignoring rest of the statement where it had refuted claim of plaintiff

Neither written statement filed by defendant company nor subsequent statement filed by it in Court could be treated unqualified, unconditional, clear, specific and or unambiguous or unequivocal admission

Application was dismissed in circumstances.