Showing posts with label Order XII Rule 6 of CPC. Show all posts
Showing posts with label Order XII Rule 6 of CPC. Show all posts

Sunday, 22 February 2015

Whether more than one decree can be passed as per Order XII Rule 6 of CPC ?


The Apex Court observed that Order XII Rule 6 of CPC has 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 of CPC 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.
‘REPORTABLE’
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1822 OF 2015
(arising out of SLP(C)No.29805 of 2014)
Raveesh Chand Jain

versus
Raj Rani Jain

M. Y. EQBAL, J.
Dated;February 12, 2015.
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