Order XII Rule 6 CPC | Admission Made In Criminal Case Can Be Used In Civil Proceedings: Supreme Court

The Supreme Court has observed that a judgment on an admission under Order XII Rule 6 of the Code of Civil Procedure can be based on an admission even contained outside the pleadings.

Refusing to interfere with the concurrent findings of the Trial Court, First Appellate Court and the High Court, a bench comprising Justice J. B. Pardiwala and Justice Ujjal Bhuyan dismissed a plea filed by a defendant who had been directed to vacate the suit premises on the basis of admissions made by him in criminal proceedings, wherein he acknowledged that he was occupying the property merely as a caretaker under the plaintiff.

In a complaint filed, which led to the registration of the FIR, the appellant had admitted that he was the caretaker of the suit owned by the respondent.. Relying on this admission, the trial court decreed the suit for mandatory injunction and directed the Appellant-defendant to vacate the suit property.

The trial court's decree remained undisturbed till the High Court. Aggrieved by this, the defendant appealed to the Supreme Court, contending that his admission in a criminal proceeding cannot form the basis for passing a judgment against him under Order XII Rule 6 CPC.

Dismissing the plea, the bench upheld the impugned findings, noting that there's no bar under the Code to pronounce judgment on admission based only upon the admission made in the pleadings, rather the admission made elsewhere can be taken into account, provided that they are clear and unequivocal.

“A decree can be passed under Order XII, Rule 6 CPC on the basis of an admission, whether it is contained in the pleadings or elsewhere. Such an admission may be in writing or may even be oral. No particular form of admission is necessary.”, the Court observed.

The Court cited Uttam Singh Duggal & Co. Ltd. vs. United Bank of India, (2000) 7 SCC 120, to note that “the purport of Rule 6 Order XII CPC is to enable the party to obtain speedy justice to the extent of the relevant admission which, according to the admission of the other party, he is entitled for. Admission on which judgment can be claimed must be clear and unequivocal one and such admission must be either of the entire claim made in the suit or even for a party of the claim for which decree can be passed separately.”

In terms of the aforesaid, the plea was dismissed.

Cause Title: SHEIKH ABEDIN VERSUS IQBAL AHMED & ANR.

Citation : 2026 LiveLaw (SC) 483

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Appearance:

For Petitioner(s) : Mr. Rajesh Kumar Chaurasia, AOR Mr. Mohd. Hasibuddin, Adv. Mr. Surya Pratap, Adv. Mr. Sujeet Kumar, Adv. Mr. Nitin Kumar Gupta, Adv. Mr. Anurag Jain, Adv. Mr. Onkar Prasad, Adv.

For Respondent(s) : Mr. Gaurav Kumar, Adv. Mr. Niteen Kumar Sinha, AOR Mr. Abhishek Raj, Adv. Mr. Nitish Kumar Singh, Adv.