CANARA BANK Vs. M M POLYPACKING PRIVATE LIMITED

JUDGEMENT

(1.) By this application plaintiff claims decree against defendants on the admissions said to be contained in the balance sheets of defendant No. 1 for the year ending 31st March 1983 and for the year ending 30th August 1984. Under the provisions of Order 12 Rule'6 Civil Procedure Code the court in its discretion which, of course, has to be exercised judicially, can pass decree on clear and unambigious admissions made by the defendant in the pleadings or otherwise at any stage of the suit. In this case following II issues have been framed:-

(2.) The defendants in their written statement have, inter- alia, raised serious plea of limitation. The plaintiff has, inter-alia, pleaded in the plaint that the cause of action for filing the suit arose on 8th June, 1982 when the advance payments were received. Defendants have pleaded that the said payment was made in another account. Besides the defendants have also filed the counter claim thereby claiming damages for more than Rs. 8 Lakhs against the plaintiff whereas the present suit is for rcovery of Rs.5,20,000.00 . I have gone through the application, balance sheets and the record. Having regard to the facts and circumstances of the case it is not a fit case to exercise discretion in favour of the petitioner to pass a decree as claimed in this application. The application is, accordingly, dismissed.

(3.) List this suit for trial on 2nd November 1991. Learned counsel for the partis state that the witnesses will be produced on their own responsibility. The case will proceed from day to day