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2021 (8) TMI 1318 - DELHI HIGH COURTScope of 'judgement' and 'order' - Default in payment of monthly rent for more than two months consecutively - eviction - recovery of arrears of rent and mesne profits - Order XII Rule 6 of CPC - whether the application under Order VI Rule 17 of CPC could have been filed after the learned Trial Court had heard arguments on the application under Order XII Rule 6 of CPC, it would be useful to understand what is a “judgment” and what is an “order”? HELD THAT:- An “order” is something that does not result in a decree or, therefore, a final conclusion of a matter, though a “judgment” may include an “order”. The term “judgment” indicates a judicial decision given on the merits of the disputes brought before the Court. It determines the rights of the parties finally. In contrast, an “order” may not be so but could be an interlocutory one, if it does not determine or decide the rights of the parties once and for all. Thus, there are, broadly speaking, two kinds of “orders”, one, that is in the nature of a final order and the other not determining the main issue with any finality. If such orders have been passed to help with the progress of the case, they may dispose of a specific question finally, but without finally disposing of the dispute. There is yet another category of “orders”, which, if decided one way, would result in the determination of the rights of the parties finally, but, if determined in any other way, would result in the continuation of the proceedings. Such orders have been described as “intermediate” or “quasi final orders”. Order XII relates to “admissions” and Rule 6 provides that the court may “at any stage” of the suit, either on the application of any party or on its own motion, without waiting for a determination of any other question between the parties, make such order or give such judgment as it may think fit. Where a judgment is pronounced, a decree is to be drawn up. In other words, Order XII Rule 6 of CPC does not per se provide for a final determination of the rights between the parties, though it may result in such a final determination. It is the considered view of this Court that since the purpose of Order VI Rule 17 of CPC is to allow either party, at any stage, to alter or amend their pleadings in such manner as are necessary for the purpose of determining the real questions/controversies between the parties, subject to satisfying the court of due diligence, and in view of the fact that the power of the court under Order XII Rule 6 of CPC is discretionary, and could result in the final disposal of the matter, permanently debarring the defendant from exercising his right to defend such a suit, the application under Order VI Rule 17 of CPC should be considered on merits before the power under Order XII Rule 6 of CPC is exercised by the Trial Courts. This Court finds no error in the decision of the learned Trial Court to take up the application under Order VI Rule 17 of CPC for hearing and disposal despite having already heard the parties on the application under Order XII Rule 6 of CPC - Petition dismissed.
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