NDLI: Hari Steel and General Industries Ltd. & Anr. Vs. Daljit Singh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Or. XII r.6 Judgment on admission CPC
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908) Specific Relief Act, 1963 (47 of 1963)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Civil Procedure, 1908 – Or. XII, r.6 – Judgment on admission – Respondents-plaintiffs case that appellant no.2- defendant approached them for sale of suit property and the franchisee rights in respect of the running business of a automobile company ‘T’– Respondents alleged that the appellant company concluded the agreement for sale of the suit schedule property and the running business for a total consideration of Rs.55.50 crores – It is further alleged that respondents had paid an amount of Rs. 5 crores i.e. Rs. 2 crore by cheque and Rs. 3 Crore by cash to the appellants – Dispute arose between the parties – Respondents filed suit for specific performance of agreement to sell – Appellants defendants raised preliminary objections stating that respondents had forged/fabricated, the agreement to sell – While opposing the reliefs, appellants admitted that although an agreement was entered into with the respondents for the sale of land, but the said contract was never crystallized, as the nature, extent and various clauses were not finalised – Appellants also disputed receipt of Rs. 3 crores, which was allegedly paid by the respondents by way of cash – Respondent filed application u/Or.XII, r.6 – Single Judge of the High Court dismissed the application u/Or.XII, r.6 – However, the Division Bench of the High Court set aside the order of the Single Judge and allowed the application – On appeal, held: Mere admission of entering into arrangement/agreement cannot be termed as a categorical and unconditional admission for the purpose of delivering judgment by allowing the application filed u/Or.XII, r.6 – Such admissions were erroneously treated as categorical and unconditional admissions by the Division Bench of High Court for disposal of the application u/Or. XII, r.6 – Further, suit was filed on 01.11.2006 and the application u/Or.XII, r.6 was filed on 09.02.2007 – In the year 2010 issues, additional issues were framed and trial also commenced – In that view of the matter, there was no reason to pass order now u/Or.XII, r.6 at this stage – In view of the serious factual disputes and the defence of the appellants in the suit, it is not permissible for making roving inquiry for disposal of the application filed u/Or. XII, r.6 of CPC – When the trial has already commenced, it is desirable to record findings on various contentious issues and disputes in the suit on merits by appreciating evidence but at the same time there is no reason or justification to decree the suit at this stage – For the aforesaid reasons, that the impugned judgment of the Division Bench of the High Court set aside and the order of the Single Judge of the High Court restored.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2019 INSC 569
Petitioner	Hari Steel And General Industries Ltd. & Anr.
Respondent	Daljit Singh & Ors.
SCR	[2019] 6 S.C.R. 819
Judgement Date	2019-04-24
Case Number	4265

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