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Delhi High Court in a landmark judgment led by Jurista Legalis on Order 12 rule 6, CPC sets aside the judgment which treated the amount shown in balance sheet as unsecured creditors to be an unambiguous and clear admission
2012-04-16

The Court cannot base its decision to decree (or not to grant a decree) in a suit in terms of Order XII Rule 6 CPC only on the basis of a particular pleading or admission; the overall effect of the pleadings and documents of the concerned parties is to be judicially weighed. In other words, the Court has to keep in mind the fact that what seems plainly an admission could well be explained by the litigant making it, during the course of the trial. Moreover, the controlling expression under Order 12 Rule 6 is that -Court may-. It is important to analyze this aspect because admissions either in the pleadings or in a document or in the course of the statement, cannot be viewed in isolation.