Supreme Court DecisionsMore Than One Decree May Be Passed At Different Stages of Same Suit

November 30, 20150

Supreme Court of India on Passing of judgment on the basis of admission under Order 12 Rule 6 read with Section 11 of Civil Procedure Code, 1908 held the following :

CPC is not a mandatory, but discretionary provision.

It confers a wide discretion on court to pass a judgment at any stage of suit on basis of admission of facts made in pleadings or otherwise without waiting for determination of other questions arising between parties.

Thus, by virtue of said provision, there can be more than one decree that may be passed at different stages of same suit .

Principle behind Or. 12 R. 6 CPC is to give plaintiff a right to speedy judgment so that either party may get rid of rival claims which are not in controversy.

[Raveesh Chand Jain v. Raj Rani Jain, (2015) 8 SCC 428]

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