SHEBA SUJAN GEORGE Vs. ABRAHAM VARGHESE

JUDGEMENT

(1.) Ext. P13 order passed by the learned Additional Sub Judge, Ernakulam is under challenge in this petition filed by the plaintiffs under Article 227 of the Constitution of India. Three petitions were filed by the plaintiffs on 3.12.2012, the date on which the suit stood posted for trial in the special list. One of those petitions was to amend the plaint. That petition was allowed by the learned Sub Judge. The other two petitions are - one seeking leave of the court to serve notice to admit the facts and the other petition was to serve notice to the defendants to admit facts. Those two petitions filed under Order 12, Rule 4 were dismissed by the learned Sub Judge as per Ext. P13 order holding that those petitions were belated, having been filed on the day posted for trial in the Special List.

(2.) It was observed by the learned Sub Judge that such a petition should be filed immediately after the issues were settled and framed and that is why in the later part of Order 12, Rule 4 it is stated that in case of refusal or neglect by the other party to admit facts, the party making the application can give evidence to prove the facts.

(3.) Rule 1 Order 12 says that any party to the suit may give notice by his pleading or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party. Rule 2 deals with the notice to the other side to admit documents. Order 12, Rule 4 which is relevant for our consideration reads: