Order 12 MCQ Quiz - Objective Question with Answer for Order 12 - Download Free PDF

The correct answer is Order 12 Rule 6

Key PointsOrder 12 Rule 6 – Judgment on Admissions
(1):
If admissions of fact are made by a party — whether in the pleadings, or otherwise (either orally or in writing) — the Court may, at any stage of the suit, and either on its own or upon application of any party, pass an appropriate order or judgment based on such admissions, without waiting for the resolution of other issues in the case.

(2):
Once a judgment is delivered under sub-rule (1), a decree shall be prepared in accordance with that judgment, and it shall be dated with the same date as the date of pronouncement of the judgment.

The correct answer is 'Under Order XII Rule 6 of C.P.C.'

Key Points

• Order XII Rule 6 of C.P.C.:
  • This provision in the Civil Procedure Code (C.P.C.) allows the court to pass a judgment based on the admissions made by either party in the pleadings or otherwise, without the need for a full trial.
  • The primary aim is to expedite the legal process by avoiding unnecessary litigation when there is a clear admission of facts.
  • Such judgments are generally applicable in cases where the admission is unequivocal and can lead to a fair and just decision without further delay.

Additional Information

• Order XII Rule 4 of C.P.C.:
  • This rule deals with notices to admit documents. It is a procedural mechanism to serve notices to the opposing party to admit the authenticity of certain documents, which can help streamline the trial process.
• Order VIII Rule 3 of C.P.C.:
  • This rule pertains to the requirement for a defendant to explicitly deny the allegations made by the plaintiff in the written statement. A general denial is not sufficient; specific denials must be made.
• Order VII Rule 10A of C.P.C.:
  • This rule deals with the procedure to be followed when a plaint is returned. It outlines the steps a plaintiff must take if their plaint is returned by a court for lack of jurisdiction or other similar reasons.

The correct answer is All the above.

Key Points

• The admission of documents is governed under Order 12 Rule 3 of the Code of Civil Procedure (CPC). According to this provision, a document shall be deemed to be admitted in the following circumstances:
• A party is called upon to admit, fails to deny specifically or by necessary implication.
  • When one party calls upon another party to admit a document (through a request for admission of documents), and the other party fails to deny it specifically or by necessary implication, the document will be deemed admitted.
  • A general denial or failure to address the document will be treated as an implied admission.
•  A party is called upon to admit, fails to deny in the pleading.
  • If a party is required to admit or deny the document in their pleading, and they fail to deny it, the document is considered admitted by default.
• Fails to deny in reply to the notice to admit documents.
  • If a party receives a notice to admit documents from the other party and fails to deny the authenticity of the document in their reply, it will be treated as admitted.
• In essence, all these circumstances lead to the admission of the document.
  • Whether through failure to respond in pleadings, failure to deny upon a request for admission, or failure to deny after receiving a notice to admit, the document is deemed admitted in all the situations.

The correct answer is option 2.

Key Points

•  Section 58 of the Indian Evidence Act provides that where a fact has been admitted by the parties or their agents, there would be no requirement to prove such facts.
• However, the proviso to the Section states that the Court has a discretionary power to require such admitted facts to be proven by means other than such admission. 
• Under Order 12 Rule 6 CPC, the Courts have the power to make a judgement in regards to any oral or written admission made by the parties at any stage of the proceedings. Such admission may be made in the pleading or otherwise. It plays a significant role in minimizing litigation and enabling speedy justice.
• It is pertinent to note here that the Rule provides that the court “may” pass a judgement or order based on the admission. Thus, it is clear that the legislative intent is to confer a discretionary power on the Court and judgement based on admission cannot be claimed as a matter of right.
• The legislative intent is further clarified by the proviso to Order 8, Rule 5 CPC.
• The proviso provides that even where a fact has been admitted by an admission, the Court has discretionary power to require the admitted fact to be proved by any other means. 

The correct answer is option 2.

Key Points

•  Section 58 of the Indian Evidence Act provides that where a fact has been admitted by the parties or their agents, there would be no requirement to prove such facts.
• However, the proviso to the Section states that the Court has a discretionary power to require such admitted facts to be proven by means other than such admission. 
• Under Order 12 Rule 6 CPC, the Courts have the power to make a judgement in regards to any oral or written admission made by the parties at any stage of the proceedings. Such admission may be made in the pleading or otherwise. It plays a significant role in minimizing litigation and enabling speedy justice.
• It is pertinent to note here that the Rule provides that the court “may” pass a judgement or order based on the admission. Thus, it is clear that the legislative intent is to confer a discretionary power on the Court and judgement based on admission cannot be claimed as a matter of right.
• The legislative intent is further clarified by the proviso to Order 8, Rule 5 CPC.
• The proviso provides that even where a fact has been admitted by an admission, the Court has discretionary power to require the admitted fact to be proved by any other means. 

The correct option is option 2

 Key Points The three statements are covered by the Provisions contained in Order 12, Rules 1, 2, 4 and 6 CPC

 ORDER XII – ADMISSION 

Rule 1: Notice of admission of case
Rule 2: Notice to admit documents
Rule 4: Notice to admit facts

Rule 6: Judgment on admissions

The correct answer is option 2.

Key Points

•  Section 58 of the Indian Evidence Act provides that where a fact has been admitted by the parties or their agents, there would be no requirement to prove such facts.
• However, the proviso to the Section states that the Court has a discretionary power to require such admitted facts to be proven by means other than such admission. 
• Under Order 12 Rule 6 CPC, the Courts have the power to make a judgement in regards to any oral or written admission made by the parties at any stage of the proceedings. Such admission may be made in the pleading or otherwise. It plays a significant role in minimizing litigation and enabling speedy justice.
• It is pertinent to note here that the Rule provides that the court “may” pass a judgement or order based on the admission. Thus, it is clear that the legislative intent is to confer a discretionary power on the Court and judgement based on admission cannot be claimed as a matter of right.
• The legislative intent is further clarified by the proviso to Order 8, Rule 5 CPC.
• The proviso provides that even where a fact has been admitted by an admission, the Court has discretionary power to require the admitted fact to be proved by any other means. 

The correct option is option 2

 Key Points The three statements are covered by the Provisions contained in Order 12, Rules 1, 2, 4 and 6 CPC

 ORDER XII – ADMISSION 

Rule 1: Notice of admission of case
Rule 2: Notice to admit documents
Rule 4: Notice to admit facts

Rule 6: Judgment on admissions

The correct answer is Option 1

Key PointsYes, defendant can file an application. The purpose of Order XII rule 6 of Civil Procedure Code is to avoid waiting by the plaintiff for part of the decree, when there is a clear, unequivocal, unambiguous and unconditional admission of the defendant in respect of the claim. This rule was enacted for the purpose of and in order to expedite the trials. 

The correct answer is Order 12 Rule 6

Key PointsOrder 12 Rule 6 – Judgment on Admissions
(1):
If admissions of fact are made by a party — whether in the pleadings, or otherwise (either orally or in writing) — the Court may, at any stage of the suit, and either on its own or upon application of any party, pass an appropriate order or judgment based on such admissions, without waiting for the resolution of other issues in the case.

(2):
Once a judgment is delivered under sub-rule (1), a decree shall be prepared in accordance with that judgment, and it shall be dated with the same date as the date of pronouncement of the judgment.

The correct answer is 'Under Order XII Rule 6 of C.P.C.'

Key Points

• Order XII Rule 6 of C.P.C.:
  • This provision in the Civil Procedure Code (C.P.C.) allows the court to pass a judgment based on the admissions made by either party in the pleadings or otherwise, without the need for a full trial.
  • The primary aim is to expedite the legal process by avoiding unnecessary litigation when there is a clear admission of facts.
  • Such judgments are generally applicable in cases where the admission is unequivocal and can lead to a fair and just decision without further delay.

Additional Information

• Order XII Rule 4 of C.P.C.:
  • This rule deals with notices to admit documents. It is a procedural mechanism to serve notices to the opposing party to admit the authenticity of certain documents, which can help streamline the trial process.
• Order VIII Rule 3 of C.P.C.:
  • This rule pertains to the requirement for a defendant to explicitly deny the allegations made by the plaintiff in the written statement. A general denial is not sufficient; specific denials must be made.
• Order VII Rule 10A of C.P.C.:
  • This rule deals with the procedure to be followed when a plaint is returned. It outlines the steps a plaintiff must take if their plaint is returned by a court for lack of jurisdiction or other similar reasons.

The correct answer is All the above.

Key Points

• The admission of documents is governed under Order 12 Rule 3 of the Code of Civil Procedure (CPC). According to this provision, a document shall be deemed to be admitted in the following circumstances:
• A party is called upon to admit, fails to deny specifically or by necessary implication.
  • When one party calls upon another party to admit a document (through a request for admission of documents), and the other party fails to deny it specifically or by necessary implication, the document will be deemed admitted.
  • A general denial or failure to address the document will be treated as an implied admission.
•  A party is called upon to admit, fails to deny in the pleading.
  • If a party is required to admit or deny the document in their pleading, and they fail to deny it, the document is considered admitted by default.
• Fails to deny in reply to the notice to admit documents.
  • If a party receives a notice to admit documents from the other party and fails to deny the authenticity of the document in their reply, it will be treated as admitted.
• In essence, all these circumstances lead to the admission of the document.
  • Whether through failure to respond in pleadings, failure to deny upon a request for admission, or failure to deny after receiving a notice to admit, the document is deemed admitted in all the situations.

The correct answer is option 2.

Key Points

•  Section 58 of the Indian Evidence Act provides that where a fact has been admitted by the parties or their agents, there would be no requirement to prove such facts.
• However, the proviso to the Section states that the Court has a discretionary power to require such admitted facts to be proven by means other than such admission. 
• Under Order 12 Rule 6 CPC, the Courts have the power to make a judgement in regards to any oral or written admission made by the parties at any stage of the proceedings. Such admission may be made in the pleading or otherwise. It plays a significant role in minimizing litigation and enabling speedy justice.
• It is pertinent to note here that the Rule provides that the court “may” pass a judgement or order based on the admission. Thus, it is clear that the legislative intent is to confer a discretionary power on the Court and judgement based on admission cannot be claimed as a matter of right.
• The legislative intent is further clarified by the proviso to Order 8, Rule 5 CPC.
• The proviso provides that even where a fact has been admitted by an admission, the Court has discretionary power to require the admitted fact to be proved by any other means. 

The correct answer is option 2.

Key Points

•  Section 58 of the Indian Evidence Act provides that where a fact has been admitted by the parties or their agents, there would be no requirement to prove such facts.
• However, the proviso to the Section states that the Court has a discretionary power to require such admitted facts to be proven by means other than such admission. 
• Under Order 12 Rule 6 CPC, the Courts have the power to make a judgement in regards to any oral or written admission made by the parties at any stage of the proceedings. Such admission may be made in the pleading or otherwise. It plays a significant role in minimizing litigation and enabling speedy justice.
• It is pertinent to note here that the Rule provides that the court “may” pass a judgement or order based on the admission. Thus, it is clear that the legislative intent is to confer a discretionary power on the Court and judgement based on admission cannot be claimed as a matter of right.
• The legislative intent is further clarified by the proviso to Order 8, Rule 5 CPC.
• The proviso provides that even where a fact has been admitted by an admission, the Court has discretionary power to require the admitted fact to be proved by any other means.