DROUPADI JAIN Vs. ANANDA KUMAR AGRAWAL

JUDGEMENT

(1.) THE order dated 04.01.2013 passed in Civil Suit No. 198 of 2008 of the court of Civil Judge (S.D.), Rourkela is in question in this case. An application was filed under Order 12 Rule 6 of the Code of Civil Procedure, 1908 (for short 'the Code') to pronounce the judgment on the admissions made by the defendant in the written statement. The learned Civil Judge (S.D.) came to the conclusion that a judgment and decree in respect of the admitted claim pending adjudication of dispute in the suit can be passed but the admission must be unequivocal, clear and positive. However, the factual finding of the learned Civil Judge (S.D.) is that the defendants are denying the assertions of the plaintiffs. Therefore, he rejected the application for amendment.

(2.) THE learned counsel for the petitioners argued extensively referring to the pleadings of the parties and stated that the order passed by the learned Civil Judge (S.D.) is factually incorrect. Such being the case, this Court exercising its jurisdiction under Article 227 of the Constitution should not go into the questions of fact to re -appreciate the matter and the learned counsel for the petitioners submitted only on the question of fact. According to him there has been admission of the case of the plaintiffs -petitioners by the defendants -opposite parties. Relying on the reported case of Surya Dev Rai Vs. Ram Chander Rai, : (2003) 6 SCC 675 this Court is not inclined to entertain any submissions made on behalf of the petitioners on the factual aspects of the case.