Law:

Section:

Civil Procedure Code (V of 1908)--O.XII, R. 6---Constitution of Pakistan (1973), Art. 185---Letters exchanged between parties forming basis of decree in terms of O.XII, R. 6, C.P.C. granted by High Court---Division Bench of High Court setting aside such decree in appeal---Validity---Decree in terms of O.XII, R. 6, C.P.C.---Essentials--­Provision of O.XII, R. 6, C.P.C. provides summary and speedy remedy in cases where admission was made by defendant in pleadings or outside the same---In order to attract provision of O.XII, R. 6, C.P.C. admission should necessarily by unequivocal, clear, unconditional and unambiguous---Such admission should not only be in respect of amount (where dispute related to payment -of money) but liability to pay the same to plaintiff---Court while deciding such application for grant of decree must exercise its discretion in judicial manner and subject to qualification regarding maintainability of suit on any legal objection going to the very root of the matter---Court should not grant decree on admission without resorting to objections raised---Objections to grant of such decree having been raised by defendants to maintainability of suit, discretion for grant of application in terms of O.XII, R. 6, C.P.C. should not have been exercised by. High Court---Finding rendered by Division Bench setting aside decree of Single Bench being unexceptionable, were maintained in circumstances. Tahilram Tarachand v. Vassumal Deumal and another AIR 1926 Sindh 119; Premsuk Das Assaram v. Udairam Gungabuz AIR 1918 Cal. 467; Izzat Khan and another v. Ramzan Khan and others 1993 MLD 1287 and Kassamali Alibhoy v. Sh. Abdul Sattar PLD 1966 (W.P.) Kar. 75 rel. Fazal Ghani Khan, Advocate Supreme Court and S.M. Abbas, Advocate-on-Record (absent) for Appellant. Muhammad Sharif, Advocate Supreme Court for Respondent No. 1. M. Jamil Khan, Advocate Supreme Court and Muzaffar Ali Khan, Advocate-on-Record for Respondent No.2. Dates of hearing: 16th and 17th January, 1996. JUDGMENT SALEEM AKHTAR, J. ---This direct appeal challenges the judgment of the learned Judges of the Division Bench, of the High Court whereby appeal against the order passed by the learned Single…

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