Cpc o.12 r.6

Surrender K Singal (Querist) 10 December 2011 This query is : Resolved
could Exhibits, marked after admission by litigants, be good ground for suo mot action for sdpeedy disposal of civil suits thereby avoiding long drawn process of evidences and cross examinations etc. OR is it mandatory to move an Application for such procedure under O.12 R.6 of CPC ?

Once Exhibits amply establish the case for prayed for Decree, do the Courts follow such CPC provisions of O.12R.6 ?

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Devajyoti Barman (Expert) 10 December 2011
The facts or documents admitted means the court may not insist evidence on it anymore. But that does not mena that on the basis of admission of a particular fact or document the judegement would be immediately passed.
You have to wait till the procedures of trial is over so the argument starts and ends son.

Nadeem Qureshi (Expert) 10 December 2011
Dear Surender Mr. Burman is rightly explained.

Raj Kumar Makkad (Expert) 11 December 2011
Order 12 Rule 5 is a guiding force but it is not mandatory to follow as desired. Court has to take into consideration oral as well as documentary evidence led by both parties in dispute and then has to decide the suit keeping in views latest law on the subject.

Guest (Expert) 11 December 2011
Agree with experts.

Surrender K Singal (Querist) 11 December 2011
Thanks, every one;
Does it imply that entire time consuming trial process has still to be gone through after framing of issues i.e. affidavits of evidence, cross examination of witnesses before the actual arguments before the Court ? So how could O.12 R.6 be helpful for speedy justice on issues that are covered by the Exhibited Documents ?

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