Bench Comprising Justices Sanjay Karol and Manmohan
Introduction:
The Supreme Court clarified the scope of Order XII Rule 6 of the Civil Procedure Code (CPC), stating that suits may be dismissed suo motu by the court based on the plaintiff's admissions that undermine their claim. This decision emphasized the wide discretionary power of courts under Order XII Rule 6 CPC, enabling them to pass judgments on their own motion at any stage of the trial.
- Order XII Rule 6 CPC: Allows the court to pass judgment based on the admissions of any party at any stage of the suit, including suo motu dismissal.
- Order VII Rule 11 CPC: Allows for the rejection of a plaint based on specific grounds like lack of cause of action or insufficient pleadings, but not directly applicable in this case.
Facts:
The appellant, Saroj Salkan, filed a suit against Huma Singh & Ors.. During the course of the trial, the appellant made certain admissions which weakened their claim and the cause of action. The trial court, acting suo motu (on its own motion), dismissed the suit, citing lack of cause of action and insufficient pleadings.
The dismissal was done without waiting for a formal application from the respondent-defendant. The High Court upheld the dismissal, leading the appellant to appeal the matter before the Supreme Court.
Issues:
- Whether Order XII Rule 6 of the CPC allows the court to dismiss a suit suo motu based on the plaintiff’s admissions that weaken the claim?
- Whether the trial court had the authority to dismiss the suit without a formal application from the defendant?
- Whether the courts below had erred in invoking Order XII Rule 6 CPC to dismiss the suit, instead of Order VII Rule 11 CPC?
Contention of the Petitioner:
The appellant (Saroj Salkan) argued that the trial court and High Court had erred in dismissing the suit under Order XII Rule 6 CPC. The appellant contended that Order XII Rule 6 should only be invoked for granting a decree in favor of the plaintiff based on the defendant's admissions.
It was further argued that Order VII Rule 11 CPC should have been invoked for dismissal due to insufficient pleadings and lack of cause of action. The appellant also argued that the court did not have the authority to dismiss the suit suo motu without a formal application from the defendant.
Contention of the Respondent:
The respondent (Huma Singh & Ors.) contended that the trial court was justified in dismissing the suit suo motu under Order XII Rule 6 CPC due to the plaintiff’s judicial admissions that weakened the plaintiff's claim. The respondent argued that Order XII Rule 6 CPC gives the court wide discretion to dismiss suits, especially when the admissions by the plaintiff undermine the claim. It was contended that the dismissal was based on legal grounds and there was no need for the defendant to file a formal application for the same.
Court's Analysis:
The Supreme Court, in its judgment, examined the scope of Order XII Rule 6 CPC, which grants the court the discretion to pass a judgment at any stage of the trial, including suo motu (without a formal application by any party). The Court emphasized that Order XII Rule 6 is not limited to passing decrees in favor of the plaintiff but also enables the court to dismiss a suit if admissions by the plaintiff undermine the case.
The bench referred to the case of Rajiv Ghosh v. Satya Narayan Jaiswal where it was held that courts can invoke Order XII Rule 6 CPC even to dismiss suits where the plaintiff’s admissions defeat their own claim. The Court found that the trial court’s decision to dismiss the suit was based on admissions made by the appellant that weakened their case, which the trial court was entitled to rely upon.
The Supreme Court rejected the appellant's argument that dismissal could only occur under Order VII Rule 11 CPC, noting that Order XII Rule 6 provides an additional tool for the court to dismiss a suit on its own motion.
Conclusion:
The Supreme Court dismissed the appeal, upholding the decision of the trial court and High Court. The Court affirmed that under Order XII Rule 6 CPC, a court has the authority to dismiss a suit based on plaintiff’s admissions that undermine the claim, even without a formal application by the defendant. The Court further clarified that Order XII Rule 6 allows dismissal of suits suo motu at any stage of the trial.
