DENA BANK Vs. BINDAL CONSTRUCTION PRIVATE LIMITED

JUDGEMENT

(1.) In this application under Order 12 . Rule 6 of the Code of Civil Procedure. 1908. the plaintiff has prayed for passing a decree on the basis of admission of the suit amount.

(2.) The plaintiff has filed this suit for recovery of Rs. 21,76,110.39 with pendente lite and future interest. According to the plaintiff, the defendants in the written statement in reply to paragraphs 19 and 20 of the plaint, while admitting that loans and advances were availed of by them. stated that there was no mala fide intention on. behalf of the defendants in being irregular in the matter of payment of advances made. It was also stated in these paras that it is only due to financial constraints that the defendants were compelled to be irregular in the matter of accounts. It has been admitted by the defendants that they have every desire to return the correct amount to the plaintiff. Further, the plaintiff has stated that admission/denial of documents carried out by the defurrdants in January, 1990, Balance Confirmation dated 31-7-1981, wherein debts upto 30-6-1981 have been acknowledged by the defendants, has been admitted on behalf of the defendants I to 6. From the above, the plaintiff wants to demonstrae that the defendants have admitted the whole amount and on the basis of the admission by the defendants, the suit deserves to be decreed under Order 12 Rule 6 of the Code of Civil Procedure, 1908.

(3.) The defendants have opposed this application on various grounds. The principal ground taken by them is that the suit involves questions of fact which cannot be disposed of on motion uader Order 12 Rule 6 of the Code of Civil Procedure, 1908 and without leading evidence in support of the above fact.