'Judgment On Admissions' Can Be Ordered Only When Admissions Are Categorical And Unconditional: SC [Read Judgment]

In a specific performance suit, the Division bench of Delhi High Court allowed an application filed by the plaintiffs under Order XII Rule 6 of the Code of Civil Procedure. The High Court had based its order on the statement made by the advocate in the bail application filed by defendant and also some entries made in the balance sheets filed on behalf of the company. 

In appeal filed by the defendant company- Hari Steel and General Industries Ltd., the Apex Court bench comprising of Justice R. Banumathi and Justice R. Subhash Reddy observed that, there are no categorical and unconditional admissions made by the defendant as claimed by the Plaintiffs. The court said

"In view of the stand of the appellants that, the pages 3 and 4 of the agreement dated 3.5.2005 are tampered and their signatures are fabricated, when specific issue is already framed, it cannot be said that there are categorical and unconditional admissions by the appellants. Mere admission of entering into arrangement/contract on 7.4.2005 and 3.5.2005 itself cannot be considered in isolation, without considering the further objections of the appellants that certain pages in the agreement are fabricated. In case the appellants prove that the agreement is fabricated as claimed, post trial it goes to the root of the case on the claim of the respondents-plaintiffs. "

Setting aside the Delhi High Court division bench order, the bench further said:

"In the case on hand it is to be noted that the relief claimed under Order XII Rule 6 of CPC by filing a written application claiming admission only based on the statement made by the advocate in the bail application, and there is no other pleaded admissions, the application filed by the respondents-plaintiffs. It is a trite principle that any amount of evidence is of no help, in absence of pleading and foundation in the application. It is true that when categorical and unconditional admissions are there, judgment on admission can be ordered, without narrowing down the Rule but at the same time the judicious discretion conferred on the court is to be exercised within the framework of the Rule but not beyond. In any event, even in a given case, the admissions are categorical and unconditional, whether any inference can be drawn on admissions having regard to documents placed on record, is a matter to be considered having regard to facts of each case. There cannot be any straight jacket formula to extend the benefit of Order XII Rule 6 of CPC"

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