Delivered by: Hon'ble Mr. Justice V. Kameswar Rao

Subject: Judgment On Admission Can Be Passed If Defence Set Up by Party Is So Weak.

Held:

Admissions: such admissions can be in the form of pleadings or otherwise i.e., in the documents, correspondence, etc. placed on record. It can be oral or in writing; the admission can be constructive admission as well as without it being specific or expressive, which can be inferred from vague and evasive denials in the written statement while responding to specific pleas taken in the plaint. Under Order XII Rule 6 of the CPC, the Court has to see as to whether the admission of facts is plain, unambiguous, and unequivocal and go to the root of the matter, which would entitle the other party to succeed; if the issue raised, involve the mixed question of fact and law, the same has to be adjudicated by way of evidence; the discretion conferred under Order XII Rule 6 of the CPC is to be exercised judiciously and not arbitrarily.

Regarding Defence: Order XII Rule 6 of the CPC can also be invoked when the objections raised against rendering a judgment are inconsequential, making it impossible for the party to succeed, even if entertained.