LEGAL LEARNING – SHRI GANPATI JURISTS
Legal Insight: Order XII Rule 6 CPC – Not Just for Plaintiffs
The Supreme Court has clarified that under Order XII Rule 6 of the CPC, courts have wide discretion not only to decree suits in favor of plaintiffs based on admissions by defendants, but also to dismiss suits where the plaintiff’s own admissions defeat the claim.
The Court emphasized that this power may be exercised suo motu (on its own motion) and at any stage of the proceedings, without requiring a formal application by either party.
This ruling reinforces that judicial admissions by the plaintiff can be fatal to their case, and courts are not bound to wait for a defendant's motion to act on such admissions.
Key Takeaways:
Order XII Rule 6 CPC empowers courts to dismiss suits based on plaintiff’s admissions.
No formal application is needed; courts can act on their own initiative.
Admissions that defeat a cause of action can lead to early dismissal.
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