Order 12 rule 6 cpc
Uday Kumar
(Querist) 24 April 2014
This query is : Resolved
Dear Sir,
In a Suit for recovery Deft filed Counter Claim accepting our entire suit amount and demanded set off i.e. Suit Value is 1 Lacs , deft C/Claim is for 1.5 Lacs, hence they by accepting Plaintiff claim of RS.1 Lacs frayed for a decree of RS. 0.5 Lacs in set off and suit is at PE stage
Can Plaintiff application of O12/R6 be allowed on this clear admission of deft.
Please advise
With Regards
Uday Kumar
Devajyoti Barman
(Expert) 24 April 2014
Since claim for set off is there, decree on admission will not be granted.
ROHIT SHARMA
(Expert) 24 April 2014
Dear Mr Uday Kumar,
1. Yes, such statement of set off claim by the Def can be deemed as admissions as u/Order 12 Rule 6 of C.P.C.,1908 and the Court can pass appropriate judgement on such facts of admissions of the Def.
2. You need to make a motion at the first given opportunity before the final oral/written arguments stages arises before the court and seek an judgment of such admissions made by the Def and request for interim decree on such judgement.
3. If need be talk to this lawyer with an understanding of post paid phone consultation.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) 09824047971.
E-Mail : lawgate1349@gmail.com.
Devajyoti Barman
(Expert) 24 April 2014
In A.Nos.3094, 3095 and 3935 and 4026 of 2005 in C.S.No.652 of 2005 (M.M.Aqun Technologies Limited v. BDT Limited), in para-11, it is held by Madras High Court as follows:
"11.It is pertinent to point out in the instant case that a written statement making a counter claim and set off has been made. Under the circumstances, the Court is of the considered opinion that it is not a fit case, where interim decree can be granted, applying the provisions of Civil Procedure Code and hence application No.4026 of 2005 requires an order of dismissal. Accordingly, the same is dismissed. "
Rajendra K Goyal
(Expert) 25 April 2014
Well explained by the expert Devajyoti Barman ji by citing decided case.
T. Kalaiselvan, Advocate
(Expert) 26 April 2014
The related provision is "Where admissions of fact have been made, either on the pleadings or otherwise, the Court may at any stage of a suit on the application of any party, or its own motion, without waiting for the determination of any other question between the parties, make such order or give such judgment, as it may think just."
In ordinary situation any judgment based on the said provisions will not suffer infirmity thereby confirming the views of expert Mr. Rohit Sharma which reads thus :
"Yes, such statement of set off claim by the Def can be deemed as admissions as u/Order 12 Rule 6 of C.P.C.,1908 and the Court can pass appropriate judgement on such facts of admissions of the Def. "
