ASHOK LEYLAND FINANCE LIMITED Vs. MARUTI UDHYOG LIMITED

JUDGEMENT

(1.) This is an application on behalf of the plaintiff under Order XII, Rule 6 Civil Procedure Code, seeking a partial decree op the basis of admissions said to be made by the defendant No.1 in its written statement.

(2.) The learned counsel for the plaintiff has relied upon the averments regarding admissions made by defendant No.1 in its written statement to the following effect:-

(3.) In so far as Para 3 of the above written statement is concerned, the plaintiff's plea is that averment made therein amount to an admission of the liability to deliver cars and the mere statement that the cars have been handed over to the second defendant cannot absolve the defendant No.1 of its liability. The above extracted terms of Para 3 of the written statement do not justify the plea of the plaintiff as the pleading is that defendant No. 2 booked the vehicles and accepted the payments from the customers and the defendant No.1 delivered the vehicles to defendant No.2 in lieu of the payments received by it from defendant No.2. The plea in the written statement does not justify the plea of the plaintiff that the defendant No.1 has admitted its liability to deliver the vehicles.