Law: Civil Procedure Code (V of 1908)

Section: 6

(a) Civil service--- ----Back benefits, grant of--- Employer-department making a commitment before the Tribunal to pay back benefits---Approbate and reprobate, doctrine of---Applicability---Before the Service Tribunal the petitioners (postal services departments) never defended the case vigorously and submitted their own comments in which they admitted the fact that the services of the respondents (employees) had been regularized from the date of initial appointment, and not only their service books had been verified from the concerned department, but also a commitment was made that the arrears of pay and allowances would be paid on the availability of funds from the Finance Division---After such clear statement, nothing was within the dominion and purview of the Tribunal to decide, when there was no bone of contention between the parties, except that the Tribunal, keeping in view the financial scarcity or crunch, allowed the petitioners to arrange the funds for discharging liability of arrears within the period of three months---Petitioners had assailed the of the Tribunal which was simply disposed of with the concurrence of the petitioners on the basis of their comments, and nothing was decided by the Tribunal, except recording the consensual statement made in the comments---Factual position encapsulated in the comments could not be challenged by the petitioners due to their acquiescence that the services of the respondents (employees) had been regularized and their service books had also been verified with a further promise to pay arrears on the availability of funds, hence at present stage the petitioners plea was also hit by the doctrine of approbate and reprobate---Petitions for leave to appeal were dismissed and leave was refused. (b) Civil Procedure Code (V of 1908)--- ----O. XII, R. 6---Discretionary power of the court to pass a decree based on the admission made by the parties without determining any questions raised by the parties---Purpose and scope of Order XII, Rule 6, C.P.C. stated. Order XII, Rule 6, C.P.C. empowers and qualifies the civil court to dispose of the lis with regard to which there is no dispute between parties, but for this purpose…

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