Supreme Court · 2010 INSC 296 · Decided 7 May 2010

M/S. Jeevan Diesels & Electricals LTD. v. M/S Jasbir Singh Chadha (Huf) & ANR.

Court
Supreme Court of India
Citation
2010 INSC 296 · [2010] 6 S.C.R. 546
Case number
CIVIL APPEAL No. 4344/2010
Decided
7 May 2010
Bench
G.S. SINGHVI, A.K. GANGULY (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure, 1908 - Or. 12 r. 6 - Judgment on admission - Held: There should be a clear and C unequivocal admission of the case of the plaintiff by the defendant - It is essentially a question of fact and depends on the facts of the case - On facts, in suit against tenant, there is no clear admission of the case of landlord about termination of tenancy by tenant in its D written statement or in its reply to the petition of landlord ul Or. 12 r. 6 - Thus, order of trial court and High Court, set aside - Matter remanded to trial court for disposal

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