TMI Blog2015 (8) TMI 1468X X X X Extracts X X X X X X X X Extracts X X X X ..... he suit although issues have been framed with respect to disputed questions of facts and evidence is going on - Evidence which therefore exists at an intermediate stage of a suit would be relevant to one party to prove his case, but such evidence can always be questioned by leading evidence by the other side and also by cross-examining the witness of the other party. This disputed question of fact entitles the defendant to lead the evidence to show as to how the plaintiff has embezzled money and such amounts of moneys are to be adjusted against the claim of the plaintiff in the suit. The present is not a fit case in which the suit for recovery of money should be straightway decreed - to allow the application is to summarily reject the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed opportunities for admission/denial of the documents of the plaintiff (including the TDS certificates) but the defendant has failed to conduct admission/denial and right to conduct admission/denial by the defendant was closed in terms of the order dated 5.10.2010 passed by the Joint Registrar of this Court. It is argued that though there is no formal order of the deemed admission, however, in view of the order dated 5.10.2010 provisions of Order 12 Rule 2-A, 3-A and 4 CPC will come into play as a result of which the TDS certificates are deemed to be admitted by the defendant. Applicant/plaintiff also places strong reliance upon the letter dated 30.4.2012 addressed by the defendant to the police wherein the plaintiff is shown as a distribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en the fraud committed by the said Independent representatives was detected by the auditors, the plaintiff was thereafter immediately terminated by the defendant from the status of Japan Life Independent Representative. Further, the defendant thereafter filed a criminal complaint being FIR No.282 of 2003 at Sarojini Nagar Police station on 16.6.03 under section 406, 420, 120B IPC. Subsequently the plaintiff as a counter blast to the said FIR, filed an FIR being No.250 of 2004 on 20.5.2004. The belated present suit has also been filed by the plaintiff to escape from his aforesaid criminal liability. It is submitted that as per the applicable rules of M/s Frontier Trading an Independent representative who is in breach, default or in violation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication under Order 12 Rule 6 CPC has been filed by the plaintiff/applicant. 6. No doubt, an application under Order 12 Rule 6 CPC can be moved at any stage. However, it is required to be noted that in law there are two types of evidences and admissions; one type of admissions are judicial admissions and evidences which stand on much higher pedestal than evidentiary admissions and evidences and the second type are evidentiary admissions, and the latter evidences cannot be a basis for straightway disposal of the suit under Order 12 Rule 6 CPC because evidence of each party at different stages of the suit are only different parts of the complete evidences, and in law totality of the evidences only can be seen after evidence is completely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or before the hearing of the case, stand on a higher footing than evidentiary admission. The former class of admissions are fully binding on the party that makes them and constitute a waiver of proof. They by themselves can be made the foundation of the rights of the parties. On the other hand evidentiary admissions which are receivable at the rival as evidence are by themselves not conclusive. They can be shown to be wrong. (underlining added) 7. In the present case, TDS certificates would be evidentiary admissions only and not judicial admissions of evidence for the same to form a basis at this stage itself for decreeing of the suit although issues have been framed with respect to disputed questions of facts and evidence is going on. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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