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2015 (2) TMI 1386 - SC - Indian LawsSuit for recovery of possession and damages with respect to a portion of the property being in unauthorized occupation of the Appellant/Defendant - Order XII Rule 6 of the Code of Civil Procedure - High Court exceeded its jurisdiction Under Section 115 of the Code of Civil Procedure or not - HELD THAT:- The bare perusal of the provisions of Order XII Rule 6 Code of Civil Procedure, makes it clear that it confers wide discretion on the court to pass a judgment at any stage of the suit on the basis of admission of facts made in the pleading or otherwise without waiting for the determination of any other question arose between the parties. Since the Rule permits the passing of judgment at any stage without waiting for determination of other question, it follows that there can be more than one decree that may be passed at different stages of the same suit. The principle behind Order XII Rule 6 is to give the Plaintiff a right to speedy judgment so that either party may get rid of the rival claims which are not in controversy. On an application filed by the Plaintiff/Respondent Under Order XII Rule 6 Code of Civil Procedure seeking a judgment in the suit, the trial court dismissed the application stating that there is no unequivocal admission for passing a judgment in the suit. The High Court, however, reversed the order passed by the trial court and held that considering the earlier judgment deciding the ownership of the suit property in favour of the Appellant, the suit for possession ought to have been decreed by the trial court. Consequently, the High Court decreed the suit - it reveals that the High Court not only decreed the suit for possession but also directed the Plaintiff/Respondent to file an affidavit giving details of the cost of litigation since the appeal was allowed with cost. There is no dispute with regard to the law settled by this Court that Order XII Rule 6 confers wide discretion on the Court to pass judgment either at the stage of the suit on the basis of admission of the facts made in the pleadings or otherwise, but the Court shall later on decide the other questions which arise for consideration in the Suit - It is equally well settled that the provision of Order XII Rule 6 of the Code is not a mandatory provision rather discretionary. While exercising power of passing judgment on admission made in the pleading or otherwise, the Court must keep the matter pending for adjudication so far as other issues are concerned. Appeal dismissed.
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