Law: Civil Procedure Code (V of 1908)

Section: O.XII,R.6,S.96

(a) Civil Procedure Code (V of 1908)--- ----O.XII, R.6---Judgment on admission---Scope---prerequisites for passing a on admission of any party stated. Court may make order or pass under Order XII, R.6, C.P.C. as it may think just, when the following pre-requisites were found co-existing: (i) When admissions of facts were made in pleadings or otherwise and; (ii) When a party seeking order or on basis of such admissions of facts applied to the Court for such order or , and (iii) When such application was made without waiting for determination of any other question between the parties. [p. 880] A (b) Civil Procedure Code (V of 1908)--- ----O.XII, R.6 & S.96---Judgment on admission---Scope---Suits for specific performance of contracts was decreed ex parte against defendants---Contention of plaintiffs during present appellate proceedings, was that, notwithstanding the other legal aspects of the case, only on basis of allegations made in the plaints and narrations made in the written statements, the grant of a decree was justified in terms of O.XII, R.6, C.P.C. (Judgment on admission of defendants)---Validity---Plaintiffs had submitted no applications as required under O.XII, Rule 6, C.P.C. and the Trial Court proceeded with the suits by framing issues and partially recording evidence and then ex parte decree was passed---Party which failed to make an application in a suit for order or on basis of admission of facts or found it suitable and appropriate to proceed with the suit could not later be permitted to claim order or on such contention---Plea of on admission was limited to proceedings in a suit and that too, without waiting for determination of any other question between the parties and once proceedings were finalized, then provision of O.XII, Rule 6, C.P.C. would lose significance---Appeal of a defendants was allowed, and case was remanded to Trial court. PLD 1975 Lah. 1399; PLD 1987 SC 1; PLD 1978 Lah. 245 and 1999 SCMR 1362 rel. (c) Civil Procedure Code (V of 1908)--- ----O.IX, R.6---Ex parte decree, grant of---Absence of defendant was not intentional---Effect---Defendant, in present case, went missing and failed to contest the suit---High Court observed…

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