AABID HUSSAIN Vs. PEER MOHD ZAHUR ALAM

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THE applicant/defendant has filed this civil revision under Section 115 of the Code of Civil Procedure herein after referred to as the CPC being aggrieved by the order dated 04 -12 -2012 passed by the Court of IXth Civil Judge Class -2, Jabalpur in Civil Suit No. 22 -A/12 dismissing an application filed by the applicant/defendant under Order 12 R.6 of the CPC for deciding the issues No. 10 & 11 on the basis of admissions which have come on record in the course of recording the plaintiff's evidence.

(3.) THE petitioner submits that in the course of recording the statements of the plaintiff's witnesses a few admissions have come on record by the documents Ex. D -1, D -5,D -10, D -11, D -20 as well as the oral statements of the plaintiff's witnesses owing to which the applicant/defendant moved an application under Order 12 R.6 of the CPC before the trial praying that the Issue No. 10 & 11 be decided on the basis of the admissions. The said application was dismissed by the trial Court erroneously without considering the merit of the evidence. Hence, it is prayed by the petitioner that the impugned order be set aside and the trial Court be directed to decide the Issue No. 10 & 11 as per admissions which have come on record.