VIR SINGH Vs. SMT.CHANDRA LATA

JUDGEMENT

(1.) The petitioner vide the present petition assails the impugned orders dated 19.07.2014 and 04.10.2016 of the learned Civil Judge, North-West, Rohini Courts, Delhi in CS No.194/2012 (New No.58725/2016). Vide order dated 19.07.2014, the application filed by the petitioner herein i.e. the plaintiff of the said suit under Order XII Rule 6 seeking a judgment and decree of possession in favour of the petitioner herein i.e. the plaintiff of the said suit and against the defendants to the said suit i.e. the respondents herein in respect of Flat No.C-4/26-B, Lawrence Road, Delhi-110035 based on admissions made in the written statement, was dismissed with it having been observed to the effect that there had been no unequivocal or clear admission made by the defendants to entitle the plaintiff to a judgment under Order XII Rule 6 of the CPC. Order XII Rule 6 of the CPC reads to the effect:

(2.) Vide order dated 04.10.2016, the application dated 27.08.2014 filed by the petitioner herein before the learned Civil Judge seeking a review of the order dated 19.07.2014 under Order XLVII Rule 1 read with Section 114 and Section 151 of the CPC was declined with it having been held that there was no mistake nor error apparent on the face of the record nor any sufficient reason for review of the order dated 19.07.2014 with it having been reiterated that there was no unequivocal or clear admission made by the defendants sufficient for passing a decree and judgment under Order 12 Rule 6 of the CPC, 1908.

(3.) Notice of the present petition was issued to the respondents. Submissions have been made on behalf of either side and in terms of directions dated 15.02.2019, it was considered essential to peruse the TCR, which has since been received and perused.